The federal judge overseeing thousands of DePuy ASR hip recall lawsuits in a federal multidistrict litigation underway in Ohio federal court has pushed back its second bellwether trial, originally scheduled for July, to September. Earlier this month, U.S. District Judge David A. Katz of the Northern District of Ohio also rescheduled the litigation’s first bellwether trial from May until June.

According to a Scheduling Order issued by Judge Katz on April 22nd, witness disclosures in the second DePuy ASR hip lawsuit trial are due  30 days prior to its September 9th start. Undisputed fact stipulations are due August 8th for plaintiff and August 19th for defendants.

DePuy ASR Hip Recall

On August 24, 2010, Johnson & Johnson issued a worldwide hip recall of both the ASR XL Acetabular System and the ASR Hip Resurfacing System, after data revealed that both products have excessively high failure rates. At that time, data from a U.K. joint registry indicated the five-year failure rate associated with the metal-on-metal hip replacements ranged from 12 to 13 percent. However, more recent data revealed during the course of DePuy ASR hip recall trials in state courts indicate the failure rate could be closer to 40%.

More than 10,000 DePuy ASR hip lawsuits have been filed in federal courts throughout the U.S. since the August 2010 recall. Most of those have been filed in the federal litigation underway in Ohio. The proceeding’s bellwether trials will be used to gauge how juries might rule in similar claims.

So far, two lawsuits stemming from the DePuy ASR hip recall have gone before juries. In March, a Los Angeles Superior Court jury awarded more than $8 million to a plaintiff in the nation’s first trial of a DePuy ASR hip lawsuit. However, a jury in Chicago found for Johnson & Johnson in a second trial that was decided last month.

Metal-on-Metal Hip Implant Complications

Following the DePuy ASR hip recall, the U.S. Food & Drug Administration (FDA) launched a safety review of the entire class of metal-on-metal hip implants, over concerns that such devices could shed dangerous amounts of metal ions into patients’ bodies. In January, the FDA advised all-metal hip recipients to undergo medical screening if they were experiencing symptoms of hip failure, including pain, swelling, and difficulty walking. The agency also proposed a new rule that would make metal-on-metal hips ineligible for its 510(k) clearance program, which allowed the DePuy ASR and similar implants come to market without human testing.

The attorneys of Bernstein Liebhard LLP are actively filing DePuy ASR hip lawsuits in the federal multidistrict litigation, and continue to offer free legal evaluations to individuals affected by this recall. To learn more, please contact the Firm today at 1-877-779-1414.

Published May 1, 2013 by