Trial Dates for DePuy ASR Hip Recall Lawsuits Scheduled for January
Officials at DePuy Orthopaedics certainly have their work cut out for them this month as the company prepares for the first U.S. trials in the DePuy ASR litigation, slated to begin the first three weeks of January.
Expected to last three weeks, the trial date for the first DePuy ASR hip lawsuit to be heard in the U.S. is scheduled to start on Monday, Jan. 7, 2013 in Prince George’s Maryland Circuit Court.
The second will take place as planned two weeks later in California state court, despite a defense motion filed by the manufacturer to delay the proceedings. The plaintiff in this lawsuit originally requested a trial date for Jan. 22 because he said he had terminal cancer and may not live longer than six months.
However, DePuy recently argued that this was no longer the case as of October 2012. The plaintiff’s physician was not an oncologist, and the opinions in his testimony “were based on speculation and not upon reasonably reliable facts or knowledge sufficient to give an admissible opinion to a reasonable degree of medical probable certainty that [the plaintiff] would not survive beyond six months due to alleged metastic cancer.”
The defendant also claimed that the biopsy for the plaintiff’s lymph nodes came back negative for cancer last October.
Regardless of the allegations put forth by DePuy Orthopaedics, San Francisco Superior Court judge Richard A. Kramer decided to keep the case’s original trial date for Jan. 22, 2013.
Multidistrict Litigation for DePuy ASR Hip Recall Lawsuits Underway in Ohio Federal Court
Thousands of similar DePuy hip recall lawsuits are still pending in the multidistrict litigation (MDL) underway in the U.S. District Court, Northern District of Ohio. The first federal DePuy ASR hip lawsuit in this MDL is scheduled to begin on May 6, 2013. The second trial date is set for July 8, 2013. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197).