If the jurors hear that the product at issue was recalled, they might conclude that there’s nothing else to consider and DePuy has to be culpable; but that’s not necessarily the proper legal analysis.
(PRWEB) August 06, 2013
On July 26 U.S. District Judge David A. Katz granted a DePuy Orthopaedics motion to exclude evidence of the 2010 voluntary recall of the DePuy ASR during the September bellwether trial in the federal multidistrict litigation. The Rottenstein Law Group LLP, a DePuy ASR law firm, explains what this means for those who have filed or are looking to file DePuy lawsuits.
Katz granted the motion because of the Federal Rules of Civil Procedure, according to court documents in In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation (MDL-2197; U.S District Court for the Northern District of Ohio). There are thousands of ASR metal-on-metal hip lawsuits pending in the federal consolidation.
“If the judge has decided to exclude evidence of the recall,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP, “then it’s probably because he feels that that evidence would be more prejudicial than probative. That is, if the jurors hear that the product at issue was recalled, they might conclude that there’s nothing else to consider and DePuy has to be culpable. But that’s not necessarily the proper legal analysis, and the judge has to ensure that the appropriate procedure of weighing all the relevant information isn’t short-circuited. Otherwise, DePuy will have grounds for an appeal of a verdict and award for the plaintiff. So the ruling might seem like a hurdle for the plaintiff, but it will likely make any decision in the plaintiff’s favor that much stronger.”
The DePuy ASR hip replacement system has been under U.S. Food and Drug Administration scrutiny, primarily because of one dangerous alleged side effect called “metal poisoning,” or “metallosis.” According to the FDA*, metal particles could peel off into the patient’s bloodstream when the device’s metal parts rub together. This could lead to potentially severe health problems.
The Rottenstein Law Group LLP represents clients in ASR hip lawsuits. The firm encourages those who believe they have suffered from the ASR’s alleged side effects to visit the firm’s website to download a free brochure to learn more about DePuy ASR settlements and lawsuits.
About THE ROTTENSTEIN LAW GROUP LLP
The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
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rochelle (at) rotlaw (dot) com