New York, New York (PRWEB) August 21, 2013
The federal multidistrict litigation established for DePuy ASR hip lawsuits (http://www.depuy-asr-hip-recall.com/) continues to move towards the commencement of its first bellwether trial, Bernstein Liebhard LLP reports. According to a Motion filed with the U.S. District Court, Northern District of Ohio on August 5th, DePuy Orthopaedics has requested that the Court subject punitive damage claims put forth in the bellwether case to the laws of Indiana and the United Kingdom, the defendants’ home jurisdictions. The DePuy ASR lawsuit is scheduled to go to trial on September 9, 2013. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“This case will be one of several important trials to get underway this fall in the various litigations established in the wake of the August 2010 DePuy ASR recall. Our Firm is looking forward to this trial, as well as other scheduled in state proceedings underway in New Jersey and California,” 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 Lawsuits
According to court documents, more than 11,000 product liability claims have been filed in courts around the country since the DePuy ASR recall was announced three years ago. Just over 7,800 of those lawsuits are pending in the Northern District of Ohio, where Bernstein Liebhard LLP is actively filing claims. Following the commencement of the bellwether trial in the federal proceeding, a bellwether trial of DePuy ASR lawsuit in a consolidated litigation pending in California Superior Court is scheduled to begin on October 1, 2013. (DePuy ASR HIP System Cases, No. CJC-10-004649; Calif. Super. Ct., San Francisco Cty.) A bellwether trial is also slated to get underway on October 21, 2013 in a Multicounty Litigation that has been established for DePuy ASR lawsuits in New Jersey Superior Court. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)
Earlier this year, trials concluded in two other state claims involving the DePuy ASR recall. 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).
According to the U.S. Food & Drug Administration (FDA), the DePuy ASR recall was issued after data from a United Kingdom joint registry indicated that the 5 year revision rate associated with the metal-on-metal hip implants was approximately 13 percent. In February 2011, the FDA began a safety review of all-metal hips amid concerns that such devices could shed dangerous amounts of metal ions into the tissue surrounding the hip and the blood stream, leading to pain, swelling, metallosis, and premature device failure. 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 suffered serious complications allegedly associated with a DePuy ASR hip 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