DePuy ASR Lawsuit News: Bernstein Liebhard LLP Notes Rescheduling of Federal Bellwether Trial in DePuy ASR Recall Litigation

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The Firm is representing hundreds of individuals affected by the DePuy ASR recall who suffered painful and debilitating complications, allegedly due to toxic metal ions shed from the metal-on-metal hip implant.

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Our Firm is representing hundreds of people affected by the DePuy ASR recall, many of whom had to undergo painful revision surgery due to serious injuries allegedly caused by metal debris shed from the devices.

As DePuy ASR hip lawsuits ( filed in the wake of the 2010 recall for the metal-on-metal ASR Hip System continue to mount in courts around the country, Bernstein Liebhard LLP notes that the start of the first bellwether trial in the federal litigation established for DePuy ASR recall claims has been moved from September 9, 2013 until September 24, 2013. According to an Order issued in the U.S. District Court, Northern District of Ohio on September 6th, the short continuance is to address additional discovery and the consideration of additional legal matters. (McCracken v. DePuy Orthopaedics Inc., et al., No. 1:11-dp-20485)

“Our Firm is representing hundreds of people affected by the DePuy ASR recall, many of whom had to undergo painful revision surgery due to serious injuries allegedly caused by metal debris shed from the devices. We look forward to the start of this trial, as it may provide clues as to how juries could decide similar DePuy ASR lawsuits, ” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free DePuy ASR lawsuit evaluations to individuals who experienced serious complications allegedly associated with these metal-on-metal hip implants.

DePuy ASR Hip Recall
According to the U.S. Food & Drug Administration (FDA), the DePuy ASR recall was announced in August 2010 after data from a British hip registry indicated an unacceptably high number of ASR patients were undergoing revision surgery within five years of implantation. In the wake of the recall, the FDA launched a review of the entire class of metal-on-metal hips, and on January 17th warned that such devices were associated with higher rates of early failure and revision surgery compared to hips made from other materials. The FDA advised patients fitted with metal-on-metal hip implants to undergo blood tests for excessive levels of metal ions if they were experiencing symptoms of hip failure. The agency also announced that it had proposed new regulations that, if adopted, would subject all-metal implants to greater regulatory scrutiny.*

Since the announcement of the recall, court records indicate that more than 11,000 DePuy ASR lawsuits have been filed around the country. Most of these claims are pending in the federal multidistrict litigation underway in the Northern District of Ohio. While that litigation is preparing for its first trial, two cases involving the DePuy ASR recall have already concluded at the state court level. In March, a plaintiff was awarded more than $8 million after a Los Angeles Superior Court jury found that the hip implant was defectively designed. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, a jury in Chicago found for Johnson & Johnson in a second trial just one month later. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County)

Court records further indicate that a number of additional DePuy ASR lawsuit trials will get underway in state courts this fall, including a case that is to begin on October 15th in California Superior Court. (DePuy ASR HIP System Cases, No. CJC-10-004649; Calif. Super. Ct., San Francisco Cty.) A consolidated litigation underway in New Jersey Superior Court has scheduled its first DePuy ASR recall trial for October 21st. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)

Patients who suffered serious complications allegedly associated with the DePuy ASR recall may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. Learn More about filing a DePuy ASR lawsuit by visiting Bernstein Liebhard LLP’s website. For a free case review, please contact one of our attorneys by calling 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, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. 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 10 consecutive years.

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

ATTORNEY ADVERTISING. © 2013 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

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