Parker McDonald And Harrison Davis Steakley Morrison Are Encouraged That A Bellwether Trial Will Be Scheduled In The Spring Or Summer Of 2013

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A Bellweather Trial Will Be Scheduled In The Spring Or Summer Of 2013.

Parker McDonald P.C. and Harrison Davis Steakley Morrison, P.C., law firms out of Texas, are hopeful that Johnson & Johnson will begin going to trial later this year to determine damages and liability in more than 6,000 lawsuits related to their DePuy ASR hip implant, which was recalled in August of 2010. According to a recent Bloomberg article, , 4,200 federal lawsuits are in the multi-district litigation in Ohio, In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197, U.S. District Court, Northern District of Ohio.

Robert Tucker, an attorney for Johnson & Johnson, told U.S. District Judge David Katz that, “The parties are in agreement that we would like to have a bellweather trial.”
A bellwether trial is a case hand selected by a Judge who is presiding over mass tort litigation to be the first case of many tried to a jury. In this instance, Judge Katz will hand pick a few cases as bellwether cases.

In August of 2010, DePuy Orthopaedics, Inc. , subsidiary of Johnson & Johnson, voluntarily recalled its all metal ASR XL Acetabular Hip Replacement from the United States market. This recall came after data from the National Joint Registry of England and Wales indicated that the five-year failure rate of these products is approximately 13 percent, or 1 in 8 patients. The recall in the U.S. came nearly a year after the company withdrew the device from the Australian market.

Parker McDonald and Harrison Davis Steakley Morrison anticipate that Judge Katz will schedule the first bellwether trial for the spring or summer of 2013.

Parker McDonald and Harrison Davis Steakley & Morrison represent hundreds of clients across the country who have received the DePuy ASR XL Acetabular Hip System. The two firms have established a website,, to provide the latest information for concerned defective hip implant patients and their families.


About Parker McDonald

Parker McDonald, P.C. offers comprehensive legal services for clients whose personal, business or property rights have been adversely affected. Built on years of trial experience, Parker McDonald lawyers are dedicated to a tradition of personal service and timely delivery of outstanding results.

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Erin McDonald
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