We are pleased to see that the federal litigation is moving forward. We look forward to the start of trials this spring.
New York, New York (PRWEB) February 06, 2013
DePuy ASR hip lawsuits continue to move forward in the federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. According to an Order dated January 22, 2013, the next Status Conference in the proceeding has been scheduled for Wednesday, February 13, 2013. Court records indicate that more than 7,400 claims are currently pending in the federal DePuy ASR litigation. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“We are pleased to see that the federal litigation is moving forward. We look forward to the start of trials this spring,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of recipients of the ASR hip implant. The Firm is offering free DePuy ASR lawsuit consultations to individuals allegedly injured by the recalled implant.
DePuy ASR Hip Lawsuits—First ASR Trial Underway
More than 90,000 ASR hips were recalled in August 2010, after the metal-on-metal hip implants were found to be failing in 12-13% of recipients within just 5 years, according to The New York Times. Johnson & Johnson and its DePuy Orthopaedics unit are facing more than 10,000 DePuy ASR lawsuits stemming from the recall. In addition to the claims pending in the federal multidistrict litigation, thousands of lawsuits have been filed in state courts in California and elsewhere.*
The first trial in the nation involving a DePuy ASR lawsuit is currently underway in Los Angeles Superior Court in California. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) Documents disclosed on the eve of the trial included a Johnson & Johnson analysis from 2011 that estimated nearly 40% of the ASR hip implants will fail within five years of surgery. According to The New York Times, jurors last week viewed the videotaped deposition of a DePuy compliance manager who testified that the company had used inadequate or incorrect standards in trying to assess the risks associated with the implant before it came to market. Jurors also learned from a DePuy engineer that the company only tested the ASR’s performance on laboratory equipment at one angle of implantation, which the Plaintiff claims was inadequate. *
Testimony continued on much same the track this week, when the head of DePuy’s hip development program testified that the ASR recall was prompted by safety concerns, specifically, a “higher than expected” failure rate. According to Bloomberg.com, that testimony contradicted what jurors heard last week when they viewed the videotaped deposition of DePuy’s president, who asserted the ASR recall was issued because the hips “did not meet the clinical needs for the product” and not because they were unsafe.**
The Los Angeles trial is just the first of several set to get underway this year. According to court documents, the first trials in the federal DePuy ASR litigation are scheduled to begin in May. A second state court trial will begin later this month in the Circuit Court of Cook County, Illinois. (In Re DePuy ASR Hip Litigation, No. 10-L-10506) Juries will also start hearing claims in a consolidated litigation underway in New Jersey’s Bergen County Superior Court in the fall. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)
Bernstein Liebhard LLP is actively filing claims in the federal DePuy ASR litigation. In addition, partner Jeffry S. Grand is serving on the Plaintiffs’ Steering Committee in the federal DePuy Pinnacle litigation underway in U.S. District Court, Northern District of Texas, involving a metal-on-metal version of the Pinnacle Hip Replacement System that utilizes the Ultamet liner. Court documents indicate that the first DePuy Pinnacle lawsuit will go to trial in September 2014. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244)
Bernstein Liebhard LLP is offering free lawsuit consultations to anyone allegedly injured as a result of the DePuy ASR hip and the all-metal Pinnacle device. A wealth of information about the process for filing a DePuy ASR hip lawsuit is available on Bernstein Liebhard LLP’s website, http://www.consumerinjurylawyers.com/ . For additional information, please contact one of our attorneys by calling 877-779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP