First Bellwether Trial in Federal DePuy ASR Lawsuit Litigation Rescheduled for Two Weeks Pending Additional Discovery, Legal Issues
The first bellwether trial in the federal litigation of DePuy ASR lawsuit filings will not begin today as planned due to further consideration of legal matters relevant to the case, a federal judge has ordered.
According to a recent court Order, the trial date for this lawsuit was postponed for reasons mostly stemming from the late designation of the case for trial, which took place in July 2013. The new start date has been scheduled for September 24, 2013.
This DePuy ASR recall lawsuit was brought on behalf of a Rochester woman who was originally implanted with the artificial hip on August 24, 2009. After allegedly suffering a dislocated hip and other injuries caused by the DePuy ASR metal-on-metal device, she underwent revision surgery on January 17, 2011. Hers is one of approximately 8,000 federal lawsuits alleging pain, swelling, symptoms associated with metallosis (metal ion poisoning) and other injuries that have been filed in the proceeding underway in the U.S. District Court, Northern District of Ohio.
DePuy ASR Recall Prompts Thousands to File Lawsuits
All of these cases were brought on behalf of individuals who received the DePuy ASR hip before it was recalled by the manufacturer in August 2010. According to the U.S. Food and Drug Administration (FDA), the device was found to have unusually high early failure rates within 5 years.
At the state court level, hundreds of DePuy ASR hip recall lawsuits are moving forward as well. Court records indicate that a trial has been scheduled to begin on October 15th in California Superior Court, while another case will be heard on October 21st in a consolidated proceeding established in New Jersey Superior Court.
DePuy ASR hip lawsuits allege the artificial hip implant was defectively designed by DePuy Orthopaedics, a Johnson & Johnson subsidiary, who also failed to warn doctors and patients about the health risks it may cause.
In March 2013, a plaintiff in a similar action was awarded over $8 million by a jury in Los Angeles Superior Court who ruled in favor of arguments that the device was defectively designed.
In total, court documents indicate that over 11,000 lawsuits have been filed in the U.S. following the DePuy ASR hip recall.
Contact a Lawyer Today to File a DePuy ASR Hip Recall Lawsuit
If you received the DePuy ASR metal-on-metal hip before it was recalled in August 2010, the time is now to file a claim against the manufacturer. Call the attorneys at Bernstein Liebhard LLP for a free and confidential case evaluation at (877) 779-1414.