We’ve heard that Johnson & Johnson wants to settle the DePuy ASR cases, and if that’s true, then it almost certainly will want to settle them all before even one goes to trial.
(PRWEB) September 09, 2013
The nation’s first federal DePuy ASR bellwether trial was postponed another two weeks, by an order issued by Judge David Katz on Sept. 6. The Rottenstein Law Group LLP, which represents plaintiffs in the DePuy ASR MDL, explains what this means for those who have filed or are thinking of filing ASR hip lawsuits.
The trial, originally scheduled to begin in July 2013, was first adjourned to Sept. 9, according to court documents (In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation; MDL-2197, U.S District Court for the Northern District of Ohio). The additional two-week adjournment to Sept. 23 is intended to provide time for “additional discovery and the consideration of additional legal matters,” according to the order.*
Plaintiff Ann McCracken, of Rochester, N.Y., filed the lawsuit against Johnson & Johnson subsidiary DePuy Orthopaedics, alleging that her DePuy ASR XL metal-on-metal hip implant failed, which required her to undergo corrective surgery, according to court documents. The lawsuit is one of many thousands that were consolidated into a multidistrict litigation for pretrial efficiency.
“If this first federal ASR trial is going to take place, then it is in everyone’s best interest that the parties be fully prepared to present their proofs, in which case the additional preparation time is a good thing,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “There is also the possibility that the parties will settle the matter out of court in the two weeks. We’ve heard that Johnson & Johnson wants to settle the DePuy ASR cases, and if that’s true, then it almost certainly will want to settle them all before even one goes to trial. If the first plaintiff wins, it could make it more difficult—or more expensive, anyway—for J&J to settle the pending cases.”
One of the potentially dangerous adverse side effects of the metal-on-metal DePuy ASR hip implant is that the device’s components can rub together, causing metal poisoning, or “metallosis,” according to the FDA.** That is, cobalt and chromium ions can flake off into the implantee’s bloodstream and cause neurological problems, among others.
DePuy recently 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 FAQ page to learn more about lawsuits and settlements.
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