New York, New York (PRWEB) August 03, 2013
Lawsuits filed in the wake of the 2010 DePuy ASR recall (http://www.depuy-asr-hip-recall.com/) continue to move forward in courts around the country. On July 26th, DePuy Orthopaedics moved for summary judgment in a bellwether case scheduled to go to trial October 1st in a consolidated proceeding now underway in California Superior Court. According to court documents, the Plaintiff has until August 30th to file an opposition to the motion. Judge Richard A. Kramer, who is overseeing the California DePuy ASR recall litigation, has scheduled a hearing on dispositive motions for September 13, 2013. (DePuy ASR HIP System Cases, No. CJC-10-004649; Calif. Super. Ct., San Francisco Cty.)
“Our Firm is pleased to see the various litigations involving the DePuy ASR recall moving forward. We look forward to the start of bellwether trials this fall in both the federal multidistrict litigation underway in Ohio, and in the California state proceeding,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of clients in DePuy ASR lawsuits. The Firm continues to offer free legal evaluations to anyone who suffered serious complications associated with the DePuy ASR recall.
DePuy ASR Recall
DePuy Orthopaedics recalled its metal-on-metal line of ASR hip implants in August 2010. According to the U.S. Food & Drug Administration (FDA), the recall was issued after data from a United Kingdom joint registry indicated that the 5 year revision rate associated with the devices was approximately 13 percent. Since then, more than 11,000 DePuy ASR lawsuits have been filed in courts throughout the country, most of which are pending in a federal multidistrict litigation underway in U.S. District Court, Northern District of Ohio. The first bellwether trial in that proceeding is scheduled to begin on September 9, 2013. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
Elsewhere, two DePuy ASR lawsuits have already gone to trial in state court. In March, a plaintiff was awarded more than $8 million after a Los Angeles Superior Court jury found that the hip implant was defectively designed. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, a jury in Chicago found for Johnson & Johnson in a second trial just one month later. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County)
Following the announcement of the DePuy ASR recall, the FDA embarked on a safety review of metal-on-metal hips. In January the agency urged patients with such devices to undergo metal ion blood tests if they experienced any symptoms that would signify a failing hip implant. The FDA has also proposed a new rule which would subject such devices to greater regulatory oversight.*
Individuals who have experienced metallosis, premature device failure or other complications allegedly associated with the DePuy ASR recall may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. Read More about filing a DePuy ASR lawsuit at 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.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP