DePuy ASR Hip Recall Lawsuits: Bernstein Liebhard LLP Notes Plaintiffs’ Opposition to Defense Motion on Punitive Damages in Federal DePuy ASR Lawsuits

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Bernstein Liebhard is representing clients in DePuy ASR hip lawsuits who allegedly suffered serious complications, including metallosis and premature device failure, related to the 2010 DePuy hip recall.

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We are pleased to see this litigation progressing, and look forward to the first bellwether trial in September. Our Firm continues to receive DePuy ASR lawsuit inquiries from individuals allegedly affected by this recall.

Thousands of DePuy ASR lawsuit claims continue to move forward in a federal litigation now underway in U.S. District Court, Northern District of Ohio. According to a Brief filed in the litigation on May 30th, plaintiffs in the federal DePuy ASR hip recall litigation are opposed to a recent Defense motion seeking to apply the Defendants’ home-state laws to any punitive damage awards. As per a decision rendered by the Court on May 17th, the Brief was permitted to be filed under seal due to the inclusion of exhibits that are under a protective order. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

“We are pleased to see this litigation progressing, and look forward to the first bellwether trial in September. Our Firm continues to receive DePuy ASR lawsuit inquiries from individuals allegedly affected by this recall,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including clients affected by the DePuy hip replacement recall. The Firm continues to offer free legal evaluations to anyone who suffered serious complications, allegedly due to the recalled DePuy ASR hip implant.

DePuy ASR Hip Recall
Some 93,000 metal-on-metal hip implants were involved in the 2010 DePuy ASR recall. The devices were pulled from the market after they were found to be failing in an unacceptably high number of patients.* Court records indicate that more than 10,000 DePuy ASR lawsuits are now pending in the federal litigation underway in Ohio. All of the claims filed in the proceeding allege that the DePuy ASR hips were defectively designed, and that Johnson & Johnson and its DePuy Orthopaedics unit failed to provide adequate warnings about their risks. In an Order dated May 7th, the Court scheduled the litigation’s first bellwether trial for September 9, 2013.

So far, two DePuy ASR lawsuits have gone to trial in state courts. According to an April 16th report from The New York Times, documents disclosed in the course of both proceedings indicated that the Defendants knew that the ASR was defective years before the recall was announced, but did not disclose this information to the public or doctors.** The nation’s first trial concluded in March, with a Los Angeles Superior Court jury awarding $8.3 million to the Plaintiff. Court records indicate that the judge presiding over that trial recently rejected a Defense request to overturn that verdict. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) In April, a jury found for Johnson & Johnson in a second trial that took place in Chicago. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County).

Individuals impacted by the DePuy ASR hip recall may be entitled to compensation for their damages, including medical bills, lost wages, and pain and suffering. Additional information regarding DePuy ASR lawsuits is available on Bernstein Liebhard LLP’s website. For a free case review, please contact one of our attorneys by calling 800-511-5092.


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. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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