First Bellwether Trial in Federal DePuy ASR Recall Litigation Postponed Another 90 Days
A Rochester woman whose DePuy ASR lawsuit was scheduled to head to trial in September will need to wait as much as 90 days for a panel of jurors in the Northern District of Ohio to hear her case, recent court records indicate.
According to an Order issued on September 20th, a delay of up to three months in the federal litigation’s first bellwether trial was ordered to allow extra time for the scheduling of expert witnesses, pretrial discovery and additional depositions. The Plaintiff in this case, which is now one of more than 8,200 now pending in the U.S. District Court, Northern District of Ohio, received the metal-on-metal DePuy ASR metal hip replacement in 2009 before having it removed less than two years later allegedly due to early hip failure complications. After being chosen in July as the proceeding’s first bellwether case, 95 potential witnesses were identified to testify on her behalf during the trial.
11,500+ Lawsuits Filed in Wake of DePuy ASR Recall
Cases filed over this metal hip replacement were brought on behalf of individuals who allegedly suffered metallosis, chronic pain and other hip failure complications after the DePuy ASR recall of August 2010, which was announced by the Johnson & Johnson subsidiary after the device was shown to have excessively high failure rates by the United Kingdom’s hip registry—weighing in at 12 to 13 percent—within five years of implantation. Recent estimates have also revealed that the DePuy ASR hip device could fail in 40 percent of its recipients. According to court documents, over 11,500 cases have been filed since the recall, and are now pending in state courts throughout the U.S. in addition to the federal proceeding underway in Ohio federal court.
At the state level, a plaintiff involved in a DePuy ASR hip lawsuit heard in Los Angeles Superior Court was awarded $8 million in March by jurors who found the metal implant to be defectively designed by the manufacturer. A verdict reached just one month later in Chicago ruled in favor of DePuy.
DePuy hip recall claims are also beginning to pile up outside the U.S. Court documents issued in August show that a class action suit was recently filed in Canada by plaintiffs who brought similar actions against the metal hip manufacturer. Between 1,500 and 4,000 individuals allegedly injured by the device are likely to join the suit, plaintiffs predict.
Contact an Attorney to File a DePuy ASR Hip Lawsuit
Call a lawyer at Bernstein Liebhard LLP to file a claim against the manufacturer of the DePuy ASR metal-on-metal hip replacement at (877) 779-1414.