California Judge Grants Motion to Expedite DePuy ASR Hip Lawsuit Trial Due to Plaintiff’s Terminal Illness
A DePuy ASR hip lawsuit filed by a Connecticut man who is now terminally ill with non-small cell lung cancer will be expedited due to his decreased life expectancy, which doctors say may not extend past six months.
According to court documents, the judge overseeing metal hip claims pending in San Francisco Superior Court granted the plaintiff’s motion to expedite the trial on January 10th, but a written order has yet to be filed. The request, which cites his condition has terminal, requested that the trial begin within 120 days.
DePuy Orthopaedics, who is named defendant in the case over its ASR hip replacement system, openly opposed the motion in a brief filed on Dec. 24, reminding the Court that a previous request from the plaintiff had been denied, and that it would be unfair to ask the company to prepare a two-three week complex trial in a shortened time frame. The defense further argued that many witnesses are from Connecticut and not California, where the hearing is scheduled to take place, and that his claims would be viable even in death, according to state law.
DePuy Opposes Motion to Expedite DePuy ASR Lawsuit Trial
The plaintiff in this DePuy ASR hip recall suit, who also blames Johnson & Johnson Services, Inc. for his alleged injuries, received the hip in 2008 and began experiencing complications thereafter, requiring him to undergo revision surgery in 2010.
Court records indicate that this is just one of more than 12,000 lawsuits filed over the DePuy ASR metal-on-metal hip replacement, which was recalled in August 2010 after it became associated with excessively high failure rates in recipients. Many of these cases are pending in California state court, where the consolidated litigation saw a victory for the plaintiff in a trial that concluded in March 2013 with an $8 million damage award. Thousands of other ASR-related claims are also moving forward in a federal proceeding established in the U.S. District Court, Northern District of Ohio.
Many of these cases may soon be resolved however, through a recently-proposed settlement agreement announced by the Court in November 2013. If approved by the majority of plaintiffs who qualify for compensation, some 8,000 DePuy ASR hip lawsuits may be resolved. This agreement applies to individuals who underwent revision surgery to replace the hip prior to August 31, 2013.
Contact Us for More about DePuy ASR Hip Recall Suits
Call our Firm to find out more about DePuy ASR hip lawsuits, and whether you may be eligible to file a claim alleging injuries of the all-metal device. Contact us today at (877) 779-1414.