New DePuy ASR Lawsuit Chosen for Bellwether Trial in Federal Litigation, Scheduled to Begin Sept. 9
The first bellwether trial in the federal litigation of DePuy ASR lawsuit filings has been scheduled to begin less than two months from now in the Northern District of Ohio, where jurors will hear arguments of a different case than the one originally chosen by the Court.
As per an order issued July 8th by the federal judge overseeing the multi-district litigation of DePuy ASR hip replacement lawsuits, a new case has been substituted for the proceeding’s first bellwether trial, and will begin on September 9th, 2013. There, a woman from Rochester, N.Y. will state her case over a metal-on-metal hip she alleges failed prematurely and caused complications that forced her to undergo multiple revision surgeries.
11,000 DePuy ASR Recall Suits Pending in U.S. Courts
In scheduling a start date for the litigation’s first bellwether trial, the order filed in the U.S. District Court, Northern District of Ohio vacated the start date of another DePuy ASR recall lawsuit scheduled for the same day. No reason has been given for the scheduling change, the Order indicated. Right now, over 11,000 lawsuits have been filed over the DePuy Orthopaedics-manufactured ASR artificial hip, which is comprised of all-metal components, in courts throughout the U.S. Many of these cases have been filed in the federal proceeding on behalf of patients who allege pain, swelling, metallosis (metal ion poisoning) and other painful injuries. Given the risk of complications, plaintiffs claim the implant was defectively designed by the Johnson & Johnson subsidiary, who failed to warn about its risks prior to the DePuy ASR recall.
The DePuy ASR XL Acetabular System was recalled by the manufacturer in August 2010 after company data revealed extremely high failure rates in patients who received the device.
Since then, the U.S. Food and Drug Administration (FDA) has begun to investigate the dangers of metal-on-metal hip replacements, and has made strides to institute new regulations for approving the devices. In January 2013, the agency proposed a set of new rules that would require all manufacturers to submit all metal hip implants for premarket approval before allowing them to enter the market. Rigorous safety testing would also be required. The FDA has also publicly advised metal hip recipients to undergo routine metal ion testing if they are experiencing any symptoms that would indicate early device failure.
Filing a DePuy ASR Lawsuit
For those who received the DePuy ASR hip replacement prior to its recall in August 2010 and are now experiencing complications, it is imperative that you contact a lawyer right away. Start the process of filing a DePuy ASR hip lawsuit today by contacting Bernstein Liebhard LLP at (877) 779-1414.