Pretrial Order in New Jersey DePuy ASR Lawsuit Litigation Sets Deadlines, Establishes Jury Instructions for Upcoming Bellwether Trial
DePuy ASR lawsuit filings now pending in a Multicounty Litigation established in New Jersey’s Bergen County Superior Court moved forward at the end of July when the court established protocol for certain matters vital to the proceeding.
According to a Pretrial Order issued on July 26th, deadlines for submission of proposed jury questionnaires, verdict forms and jury instructions for the litigation’s upcoming bellwether trial were established by the Court. Any motions for dismissal or summary judgment must be filed by September 17th, the court order also stipulates.
A Pretrial Conference in the litigation has also been set for October 8th, with the start date for its first trial to begin on October 21, 2013. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)
The cases filed in this New Jersey proceeding involve the DePuy ASR metal-on-metal hip replacement, which was recalled in August 2010 after excessively high premature failure rates were detected in recipients. Manufactured by the Johnson & Johnson subsidiary, DePuy Orthopaedics, lawsuits filed over the hip allege metallosis and other hip failure complications caused by the shedding of toxic metal debris into the bloodstream. According to court records from August 2013, more than 11,000 cases have been filed in the U.S. on behalf of patients affected by the DePuy ASR recall.
11,000 DePuy ASR Recall Lawsuits Now Filed in U.S. Courts
In addition to the lawsuits filed in New Jersey over this device, hundreds of DePuy ASR lawsuit claims are currently pending in a federal proceeding established in the U.S. District Court, Northern District of Ohio. The first bellwether trial in this litigation has been scheduled to begin on September 9, 2013, according to court documents. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
Two trials involving the DePuy ASR metal hip have already concluded this year, however. In March, the Plaintiff in a DePuy ASR lawsuit won $8 million after a jury in Los Angeles Superior Court found the hip to be defectively designed by the manufacturer. A second case heard in Chicago a month later proved that two trials involving similar claims may not result in similar verdicts when the jury ruled in favor of DePuy.
Are You Eligible to File a DePuy ASR Recall Lawsuit? Call Us Today.
If you experienced pain, swelling, metal ion poisoning or another complication indicating early hip failure after receiving the now-recalled DePuy ASR hip, you may be eligible to file a lawsuit against the manufacturer. Contact Bernstein Liebhard LLP to learn more at (877) 779-1414.