DePuy ASR Lawsuit News: Defense Asks Judge Overseeing California Litigation to Deny Opt-Out Plaintiffs’ Re-Transfer Request, Bernstein Liebhard LLP Reports

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The Firm is representing numerous clients who allegedly suffered complications related to the 2012 DePuy ASR hip recall.

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Our Firm is representing numerous DePuy ASR recall clients, and we continue to monitor the various state and federal litigations involving these claims.

DePuy ASR hip lawsuits ( continue to move forward in courts throughout the U.S., Bernstein Liebhard LLP reports. According to a brief filed in San Francisco Superior Court, defendants in claims pending in California’s coordinated litigation have asked the judge overseeing the proceeding to deny a request by certain plaintiffs to have their cases re-transferred to Los Angeles Superior Court. Plaintiffs seeking re-transfer originally filed their cases in Los Angeles, and all have opted out of the DePuy Settlement program. In requesting the re-transfer, the plaintiffs asserted that it would take years for their claims to go to trial if they remained in San Francisco. However, in their August 14th Opposition Brief, defendants argue that state law requires that the DePuy ASR lawsuits remain on the San Francisco docket until they are ready for trial. (In Re: DePuy ASR Hip System Cases, JCCP 4649)

“Our Firm is representing numerous DePuy ASR recall clients, and we continue to monitor the various state and federal litigations involving these claims,” 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 allegedly experienced metallosis, chronic pain, disability, premature hip implant failure, and other serious complications allegedly related to devices included in the DePuy ASR recall.

DePuy ASR Litigation
The DePuy ASR hip recall was announced in August 2012, after data indicated that 12% of the metal-on-metal hips were failing within just five years of implantation. However, more recent data indicates that the actual early failure rate associated with the devices could reach as high as 44%. Since the recall was announced, court documents indicate that thousands of people have filed DePuy ASR lawsuits in state and federal court seeking compensation for injuries allegedly caused by the devices.*

The DePuy ASR settlement program was proposed in the U.S. District Court, Northern District of Ohio last November, and may ultimately resolve some 8,000 of the 12,000 complaints filed since the recall. In May, court records indicate that Johnson & Johnson, the parent company of DePuy Orthopaedics, waived its “walk away rights” after a majority of eligible claimants agreed to accept the terms of the settlement. In an Order issued last month, the Court extended the deadline to enroll in the program to September 30, 2014. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

According to court documents, plaintiffs qualified to participate in the DePuy ASR settlement program 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. Plaintiffs who do not wish to participate, or those who are not eligible, will still be permitted to pursue individual claims against the companies.

Individuals who allegedly suffered serious complications related to the DePuy ASR recall may be entitled to compensation for their injury-related damages. To learn more about the DePuy ASR litigation, please visit Bernstein Liebhard LLP’s website. For a free, no obligation case review, please call the Firm directly at 800-511-5092.

*,, November 19, 2013

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.

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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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