DePuy ASR Lawsuit News: Bernstein Liebhard LLP Comments on California Court’s Recent Order Extending Dismissal Statute for Cases Transferred to Federal Proceeding

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The Firm is representing numerous clients whose DePuy ASR lawsuits were filed in the federal litigation underway in U.S. District Court, Northern District of Ohio.

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We agree with the Court’s holding that this extension will promote judicial economy and the efficient handling of those claims transferred to the federal proceeding.

A California Court overseeing hundreds of DePuy ASR hip lawsuits ( filed in the state has issued an Order extending the dismissal statute by two years for all cases transferred to the federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. According to Court documents, the Order was issued on March 2nd, following a joint request from all of the parities involved in the state’s coordinated proceeding. (DePuy ASR Hip System Cases, No. 4649)

“The California Civil Code sets forth a 5-year dismissal deadline, so the cases affected by the Order are now subject to a 7-year deadline. We agree with the Court’s holding that this extension will promote judicial economy and the efficient handling of those claims transferred to the federal proceeding,” says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is representing numerous DePuy ASR lawsuit plaintiffs whose cases are pending in the federal multidistrict litigation, and continues to offer free legal evaluations to individuals who believe they have been harmed by the DePuy ASR Hip Replacement System.

DePuy ASR Litigation
According to court documents, the DePuy ASR hip implants were subject to a recall in August 2010, after data from a registry in the United Kingdome indicated the metal-on-metal hips were associated with an unacceptable rate of early failure.* Since then, thousands of claims have been filed in U.S. courts on behalf of individuals who allegedly suffered serious complications related to their ASR hip. Court records indicate that the majority of these cases are now pending in the multidistrict litigation underway in the Northern District of Ohio. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

Court papers indicate that in November 2013, a DePuy ASR settlement program was announced in the Northern District of Ohio that could resolve a majority of cases pending in state and federal courts. While participation in the settlement agreement was initially limited to ASR recipients who had undergone revision surgery for a recall-related reason prior to August 31, 2013, an Order issued by the Court on February 20th extended this deadline to January 31, 2015.

According to court documents, the DePuy ASR settlement program will provide a base award of $250,000 to each eligible plaintiff. However, some plaintiffs may be eligible for a larger award if they, for example, required multiple revision surgeries, or if they experience "certain extraordinary injuries" in the future. In other cases, the base award may be reduced depending on certain other factors, including prior medical history.

Individuals who suffered pain, dislocations, metallosis, early failure of their hip, or other complications allegedly related to the DePuy ASR recall may be entitled to compensation for their medical bills, lost wages, pain and suffering and more. For more information on filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s website. To arrange for a free case review, please call 800-511-5092.

*, FDA, August 2010

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. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. 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 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2015 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com

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