DePuy ASR Hip Recall News: Federal Judge Dismisses Certain Claims in Louisiana DePuy ASR Lawsuits, Bernstein Liebhard LLP Reports

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The Firm is representing numerous individuals in DePuy ASR lawsuits who allegedly suffered serious and debilitating complications due to the recalled hip implant.

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Our Firm is representing numerous individuals who have filed DePuy ASR lawsuits in this proceeding. We will continue to monitor the litigation closely.

The nationwide law firm of Bernstein Liebhard LLP continues to follow developments in the federal litigation established for DePuy ASR hip lawsuits ( that is currently underway in the U.S. District Court, Northern District of Ohio. In an Order dated April 13th, the federal judge overseeing the proceeding dismissed medical malpractice claims brought against certain health care providers by about a dozen Louisiana plaintiffs. According to the Order, the claims were dismissed with prejudice because the plaintiffs did not first submit them to a state medical review panel, as per Louisiana law. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

“Our Firm is representing numerous individuals who have filed DePuy ASR lawsuits in this proceeding. We will continue to monitor the litigation closely,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who may have been harmed by metal-on-metal hip implants including those implants which were part of the 2010 DePuy ASR recall.

DePuy ASR Hip Recall
According to court documents, the Louisiana cases subject to the April 13th order are among more than 12,000 claims filed since the DePuy ASR recall was announced in August 2010. The metal-on-metal hip implants were pulled from the market after data indicated they were failing in 13% of recipients within just 5 years of implantation. Plaintiffs who have filed DePuy ASR lawsuits allege that the devices were defectively designed, and caused recipients to suffer metallosis, pseudotumor formation, chronic pain, premature hip failure, and other complications due to toxic metal ions shed from the device.

On November 19, 2013, court records indicate that a DePuy ASR settlement proposal was announced in the Northern District of Indiana that could resolve around 8,000 of the claims pending in state and federal courts around the country. Court filings indicate that the DePuy ASR settlement must be accepted by 94% of eligible plaintiffs before it can become final. Plaintiffs who do not wish to participate, or those who are not eligible, will still be permitted to pursue individual claims against DePuy Orthopaedics and Johnson & Johnson.

According to court documents, plaintiffs eligible to participate in the DePuy ASR settlement program will include those who underwent revision surgery to replace their ASR hip due to a recall-related reason prior to August 31, 2013. Eligible claimants would be entitled to a base award of $250,000. That award could be reduced, however, depending on certain other factors, including their prior medical history. Other circumstances could entitle plaintiffs to a supplemental award if they, for example, required multiple revision surgeries, or if they experience “certain extraordinary injuries” in the future.

Individuals who were allegedly harmed by a DePuy ASR hip implant may be entitled to compensation for medical bills, lost wages, pain and suffering, and more. To learn more about filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s website. For a free, no obligation case review, please call the Firm directly at 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. 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 represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.

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

ATTORNEY ADVERTISING. © 2014 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:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com

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