On June 1, 2011, Judge Brian R. Martinotti and Judge David A. Katz held a joint status conference in the DePuy ASR litigation.  Following the hearing, Judge Katz, who is overseeing the federal DePuy ASR MDL, issued a Case Management Order as well as an Amended Stipulated Protective Order of Confidentiality.  These early discovery orders are intended to establish boundaries and guidelines to which both parties must abide by as the litigation proceeds.

The Case Management Order requires that each plaintiff involved in the DePuy ASR MDL complete a one-page preliminary disclosure form within 30 days of the order, which was issued on June 2, 2011, or within 30 days of transfer of plaintiff’s lawsuit to the DePuy ASR MDL.  According to the terms of the order, plaintiff’s counsel must complete the disclosure form, which seeks information on product identification, the status of any revision surgery, and information the court finds necessary to assess the need for future discovery.  Thereafter, defendant has 45 days to answer whether or not it is in possession of any of the material (explanted device, blood, tissue) from plaintiff’s revision surgeries.

Also issued on June 2, 2011, was an Amended Stipulated Protective Order of Confidentiality.  The 14-page order designates certain discovery materials relevant to the litigation as protected documents.  The purpose of the order is to facilitate prompt discovery and the preparation for trial of the ASR hip litigation.  Notably, documents produced by plaintiffs that contain personal information may also be designated as protected.  Additionally, the order provides instructions for parties wishing to challenge the confidentiality of documents, as well as how documents should be labeled to indicate that they are confidential.  It also outlines individuals who the protected documents can be disclosed to such as experts and consultants involved in the litigation.

Additional discovery orders are anticipated, and as always we will keep you posted as they are issued.

Published June 13, 2011 by