The first bellwether trial in the federal DePuy ASR hip recall litigation is gearing up to begin next week in the U.S. District Court, Northern District of Ohio, according to court records.

The start date for this trial is slated for September 9th, 2013, and will represent the first of approximately 8,000 federal DePuy ASR lawsuits to be heard in the U.S. The plaintiff in this case allegedly sustained injuries stemming from a dislocated hip that forced her to undergo revision surgery to remove.

Attorneys Ask FDA for Investigation of DePuy ASR Recall

Amidst this upcoming trial date, a group of attorneys involved in the federal litigation recently asked the U.S. Food and Drug Administration (FDA) to investigate whether the manufacturer of this metal-on-metal hip violated federal law in the timing of its recall. According to lawsuits, DePuy Orthopaedics may have had knowledge of the failure rates associated with its product, but failed to notify the agency prior to August 2010, when thousands of implants were taken off the market. (In Re: DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197, U.S. District Court, Northern District of Ohio)

At least 93,000 metal-on-metal hip replacements were affected by the DePuy ASR hip recall, which was issued after the United Kingdom joint registry reported 13 percent of individuals implanted with the device experienced early failure within 5 years.

Two years later, approximately 11,000 DePuy ASR lawsuit claims have been filed in U.S. courts, approximately 7,800 of which are now pending in the federal proceeding.

Court records indicate that all of these cases are continuously moving forward. In March, a plaintiff whose DePuy ASR hip lawsuit alleged injuries stemming from the defective design of the ASR hip won $8 million in Los Angeles Superior Court after jurors ruled in favor of arguments heard during the trial. Cases involving this device allege pain, swelling, infection and symptoms of metallosis (metal ion poisoning) which occurs when metallic debris from the implant sheds into the patient’s blood stream. These complications often require revision surgery to correct.

Meanwhile, a state proceeding in San Francisco Superior Court is overseeing about 2,000 DePuy ASR lawsuits, and has scheduled its first bellwether trial for October 15. Another trial is set to begin on October 21 in New Jersey state court, according to reports.

Considering a DePuy ASR Recall Lawsuit? Call Our Firm Today.

Call the lawyers at Bernstein Liebhard LLP to file a claim against the manufacturer of your metal-on-metal hip replacement. To start the legal process, contact the Firm directly at (877) 779-1414.

Published September 6, 2013 by