DePuy ASR Lawsuit Update: Bernstein Liebhard LLP Notes Judge’s Decision to Grant Expedited Trial in California DePuy ASR Recall Case

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The Firm is representing hundreds of clients in DePuy ASR lawsuits who have allegedly suffered metallosis, premature device failure, and other complications associated with the DePuy ASR hip recall.

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This case is only one of thousands pending in courts around the country that have been filed since the August 2010 DePuy ASR recall. The allegations put forth by this Plaintiff echo what we have heard from our own DePuy ASR lawsuit clients.

Bernstein Liebhard LLP continues to monitor developments involving the thousands of DePuy ASR lawsuits ( currently pending in courts throughout the country. According to a notice entered in San Francisco Superior Court on January 10th, the judge overseeing a consolidated litigation for DePuy recall claims filed in California state courts will grant a Plaintiff’s request for an expedited trial of his lawsuit. According to court documents, the request was sought by an ASR recipient whose implant allegedly failed just two years after his initial surgery, and who is now suffering from terminal non-small cell lung cancer. While no date has yet been set for the trial, court papers filed on December 27, 2013 indicate that the Plaintiff’s attorneys had moved for a trial within the next 120 days. (Darling v. DePuy Orthopaedics Inc., et al., No. BC471909)

“This case is only one of thousands pending in courts around the country that have been filed since the August 2010 DePuy ASR recall. The allegations put forth by this Plaintiff echo what we have heard from our own DePuy ASR lawsuit clients,” 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 Lawsuits
Court records indicate that more than 12,000 DePuy ASR lawsuits have been filed since the metal-on-metal hip was pulled from the market in August 2010. Last year, two DePuy ASR lawsuits did go to trial at the state court level. In March, a Los Angeles Superior Court jury awarded one plaintiff more than $8 million after finding that his ASR hip 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)

According to court documents, the majority of claims filed since the DePuy ASR recall are pending in a federal multidistrict litigation now underway in U.S. District Court, Northern District of Ohio. On November 19, 2013, the Court announced that a proposed settlement had been reached which could ultimately resolve some 8,000 DePuy ASR lawsuits pending in courts around the country. If finalized, the DePuy ASR settlement would apply to plaintiffs who underwent revision surgery to replace their artificial 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. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

According to a report from The New York Times, the DePuy ASR settlement is expected to cost Johnson & Johnson and its DePuy Orthopaedics unit at least $2.5 billion. To take effect, it must be accepted by 94% of eligible plaintiffs. Individuals who are not eligible for the settlement program, or those who elect not to participate, will still be able to pursue individual DePuy ASR lawsuits.*

Recipients of the DePuy ASR hip who allegedly suffered metallosis, premature device failure, or any other complications associated with the DePuy ASR recall may be entitled to compensation for their injury-related damages. To learn more about filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s website. For a free, no obligation case review, please call the Firm directly at 800-511-5092.

*, New York Times, 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, 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 11 consecutive years.

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

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

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