New York, New York (PRWEB) September 17, 2013
As DePuy ASR lawsuit (http://www.depuy-asr-hip-recall.com/) claims continue to move forward in the U.S., Bernstein Liebhard LLP notes that a court in Ontario, Canada, recently certified a class action lawsuit brought on behalf of Canadian citizens who were allegedly affected by the DePuy ASR recall. According to court documents filed in the Ontario Superior Court of Justice on August 27, 2013, the DePuy ASR class action lawsuit seeks damages, including medical monitoring and emotional distress, for all persons implanted with the recalled hip system. Attorneys for plaintiffs estimate that as many as 4,000 Canadians could be included in the class. (Crisante, et al. v. DePuy Orthopaedics Inc., et al., No. CV-10-415755-00CP)
“Prior to the DePuy ASR recall, this hip replacement system was sold all over the world, so the legal action in Canada is not surprising. The allegations put forth in the class action complaint echo many of those made by our own DePuy ASR lawsuit clients here in the U.S.,” 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 issued a worldwide recall for the ASR hip replacement system in August 2010, after the metal-on-metal hips were found to be failing in an unacceptably high number of recipients within just a few years of implantation.* Since then, court documents indicate that more than 11,500 DePuy ASR lawsuits have been filed on behalf of U.S. plaintiffs, all whom are alleged to have suffered metallosis, early device failure, or other serious complications due to the ASR’s metal-on-metal design. Most of these complaints are pending in a multidistrict litigation now underway in U.S. District Court, Northern District of Ohio, where Bernstein Liebhard LLP is actively filing claims. The first trial in the federal litigation is scheduled to begin on September 24, 2013. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
While the federal litigation has yet to hold its first trial, two DePuy ASR lawsuits have already been heard by U.S. juries at the state level. 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).
The DePuy ASR recall prompted the U.S. Food & Drug Administration (FDA) to begin a safety review of the entire class of metal-on-metal hip implants in February 2011. In January 2013, after determining that all-metal hips were more likely to fail prematurely compared to devices made from other materials, the FDA advised metal-on-metal hip replacement recipients to undergo medical screening if they experienced any symptoms that could be an indication that their implant was not performing as it should . The FDA has also proposed a new rule which would subject metal-on-metal hips to greater regulatory oversight.
Hip replacement patients who have suffered serious 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. Click Here to contact a DePuy ASR lawyer at Bernstein Liebhard LLP. Free case reviews may also be arranged 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