... the fact that the dismissal is by stipulation of the parties suggests that the matter either has been resolved to the plaintiff's satisfaction or will continue in another forum, perhaps federal court.
(PRWEB) October 15, 2013
Bergen County District Court in New Jersey has deemed a DePuy ASR hip lawsuit “resolved” and removed the matter from its trial calendar, according to court documents. The Rottenstein Law Group LLP, which maintains a comprehensive DePuy settlements informational website, notes that if the case has settled out of court then it will join a growing list of ASR lawsuits similarly resolved.
There are few details about the resolution of the lawsuit available in court documents (MacDonald et al v. DePuy Orthopaedics, Inc., et al; BER-L-1856-12, Bergen County, New Jersey Superior Court).* In a case management order, Judge Brian R. Martinotti writes that “all pending motions are withdrawn, [and] the complaint will be dismissed with prejudice upon receipt of a fully executed stipulation signed by counsel.”
“While it is not clear from the court's order why this single complaint is being dismissed,” said Rochelle Rottenstein, principal of the Rottenstein Law Group, “the fact that the dismissal is by stipulation of the parties suggests that the matter either has been resolved to the plaintiff's satisfaction or will continue in another forum, perhaps federal court.”
Among the side effects alleged as a result of implantation of the DePuy ASR is its components' tendency to form friction with each other, causing metal poisoning, or “metallosis,” according to the FDA.** Small heavy metal ions can break off into the patient’s bloodstream and cause neurological problems and other side effects, the FDA said.
Recently, DePuy was said to be considering the settling of ASR lawsuits for about $3 billion, according to Bloomberg.*** In 2010 Johnson & Johnson recalled 93,000 metal-on-metal hip implants worldwide, about 33,000 of those in the United States.
The Rottenstein Law Group LLP encourages those who believe they have suffered from the ASR’s alleged side effects to visit the firm’s website to download a free informational brochure to learn more about ASR lawsuits and side effects, and how to contact an attorney for a free consultation.
***bloomberg.com/news/2013-08-21/j-j-said-to-weigh-3-billion-settlement-of-its-hip-implant-cases.html (Aug. 21, 2013)
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.
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New York NY 10036
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rochelle (at) rotlaw (dot) com