Kershaw Cutter & Ratinoff Prepares for First DePuy ASR Trial

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Litigation involving the recalled DePuy ASR hip will be underway in early November or December 2012, pending a plaintiff's motion filed Monday, May 14.

Sacramento hip recall lawyers Kershaw, Cutter & Ratinoff

If the plaintiff’'s motion is granted, it is likely that the DePuy lawsuit trial date will be set in early November or December 2012.

Monday, attorneys at Kershaw, Cutter & Ratinoff initiated an early trial date for a lawsuit* involving the DePuy ASR hip replacement recall. It will likely be one of the first of more than 7,000 DePuy ASR cases in the country to be tried before a jury.

KCR's lawyers report that they are seeking an expedited trial date on behalf of a client who alleges she is currently suffering from an incurable staph infection she acquired during a surgery to remove her recalled DePuy ASR hip.* Under California law, anyone over the age of 70 who is suffering from a life threatening health condition may obtain an expedited trial date.

"“We have now been litigating these cases for almost two years and I think everyone involved is anxious to see how a jury will evaluate these claims,"” said plaintiff’'s attorney Stuart Talley. "If the plaintiff’'s motion is granted, it is likely that the DePuy lawsuit trial date will be set in early November or December 2012."

According to the complaint, the DePuy ASR hip was touted as being a revolutionary new hip replacement that incorporated a more durable “metal on metal” design. However, after several years on the market, doctors discovered that this revolutionary design was anything but durable. The complaint alleges that a flaw in the design causes excessive wear and tear in the ASR hip, releasing metal wear debris into the patients’ hip joints and blood stream, which can cause severe tissue damage, pain, potential long term health issues and a host of other related problems.

The complaint also states that after the DePuy ASR recall was announced, thousands of DePuy ASR hips had to be surgically removed from patients through what is commonly referred to as “revision surgery.” In many cases, these revisions surgeries occurred only months after the original ASR was implanted in their hip.

"“These hips were supposed to last up to 20 years and instead many had to be removed just a year or two later," Talley explained. "What many people do not understand is that hip revision surgeries are extensive and are fraught with potential complications. In older individuals these complications can shorten their life by years."

The medical device lawyers at Kershaw, Cutter & Ratinoff encourage anyone with a DePuy ASR hip to contact a lawyer as soon as possible to protect their legal rights. Because the statute of limitations varies from state to state, patients who do not act fast may lose their right to claim damages if they occur in the future.

*DePUY ASR™ HIP SYSTEM CASES, JCCP No. 4649, San Francisco Court

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Taryn Smith
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