San Diego, CA (PRWEB) October 05, 2013
Resource4thePeople in its latest update to consumers following metal hip implant litigation announced today that the first federal trial* involving DePuy Orthopaedics metal-on-metal hip implants has been postponed.
This is the second delay in the case, filed by a 58-year-old New York woman who is claiming that a DePuy metal hip implant system was defectively designed and caused her to suffer severe injuries, according to the court file.
The case was originally scheduled for trial on September 9, 2013 in Cleveland, Ohio, and then rescheduled to Sept. 24, 2013.
"After conferring at length with the trial attorneys handling this matter, the Court has determined that because of the initial continuance of this trial as aforesaid the scheduling of expert witnesses by both parties has become an extremely difficult task," wrote U.S. District Judge David A. Katz in his reschedule notice.
"Additionally, issues remain with regard to scheduling of additional depositions and pretrial discovery which are necessary for the thorough preparation and presentation of this bellwether case. In the interests of justice, judicial economy and to protect the interests of the parties in this case, the adjourned trial date of September 24, 2013 is set aside and continued to the call of the Court, trial to be set to commence within ninety (90) days."
"Given the fact that there are thousands of similar cases and this is a bellwether case in this litigation it is important that both parties receive a fair trial and the judge has expressed his concerns," said Resource4thePeople.
"However, the fact that this key trial has been delayed will not affect our commitment to continue to provide free consultations to consumers who may have similar allegations involving metal hip implant systems."
Resource4thePeople said that claims from consumers involving DePuy products and metal hip implant systems from other manufacturers will continue to be accepted for review by its national network of attorneys.
The first bellwether trial involves claims from Ann McCracken of Rochester, N.Y., and has been designated as a bellwether from nearly 8,000 other federal lawsuits** against DePuy and its parent company, pharmaceutical giant Johnson & Johnson.
According to the court file in her case, McCracken had a DePuy ASR device implanted in her body in August of 2009 and is claiming multiple injuries and two revision hip surgeries.
Resource4thePeople will continue to provide consumers updates from this trial and other litigation as well as developments involving metal hip implant systems.
Among the most recent developments affecting the DePuy case is a report from Bloomberg News that Johnson & Johnson, is considering offering billions of dollars to settle many of the cases.
The Aug. 21, 2013 Bloomberg report*** said that Johnson & Johnson may be seeking to resolve as many as 11,500 lawsuits in the U.S. and has considered paying more than $300,000 per case, which Bloomberg reported, would exceed $3 billion if most plaintiffs accept the terms, an amount 50 percent larger than that proposed in previous discussions.
“This is an extraordinary amount of money and demonstrates the financial exposure which DePuy may face over these allegations involving serious health problems from thousands of hip implant victims,” said Resource4thePeople.
“The outcome of these bellwether trials may put even more pressure on Johnson & Johnson to settle cases. These are among the factors involved in this litigation that we are providing to consumers who are taking advantage of our consultation offers over DePuy hip implant claims.”
Bloomberg reported that Johnson & Johnson is pushing to resolve U.S. cases by early next year, according to sources within the company.
“J&J’s DePuy unit recalled 93,000 implants in 2010, including 37,000 in the U.S., after more than 12 percent failed within five years,” reported Bloomberg. “That rate is climbing, along with suits by patients blaming the chromium and cobalt devices for pain, metal debris and replacement surgeries.”
Most of the federal cases** are consolidated under what is called a multidistrict litigation assigned to Judge Katz in the Northern District of Ohio.
The allegations involved in the huge multidistrict litigation underway in Ohio are described on the litigation website:
“The actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device,3 the ASR Hip Resurfacing System, in August 2010.”
Meanwhile, Resource4thePeople is reporting that another key trial has been scheduled from over 600 such state court cases**** which make similar allegations against DePuy systems in New Jersey state court.
Court files in the litigation show that an Oct. 21, 2013 trial date for the state bellwether trial has been scheduled by Judge Brian R. Martinotti, in that consolidated litigation.
DePuy’s parent company, Johnson & Johnson on, May 17, 2013***** announced it was halting sales of metal implant products after two trials in which one jury****** awarded a plaintiff $8.3 million in damages and a second trial******* in which a jury found in favor of DePuy.
*McCracken v. DePuy, Case # 1:11dp20485, U.S. District Court for the Northern District of Ohio
**In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation, MDL-2197, U.S. District Court for the Northern District of Ohio
****In Re: DePuy ASR Hip Implants Litigation, BER-L-3971-11, Superior Court, Bergen County, New Jersey
******Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles).
*******Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County, Chicago, Illinois