According to the Complaint, she alleges that, as a result of the procedure, “she suffered and continues to suffer serious bodily injury and was forced to undergo revision surgery on or around Jan. 17, 2011, according to court documents.
New York, New York (PRWEB) September 23, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that U.S. District Judge David A. Katz, who is presiding over the DePuy ASR hip implant multidistrict litigation (MDL) in U.S. District Court, Northern District of Ohio, issued an Order on Sept. 20 to postpone the start date of the MDL’s first bellwether trial from Sept. 24, 2013, to sometime within the next 90 days. This is the second postponement, according to court documents; the initial date set for this MDL’s bellwether was Sept. 9, 2013. The additional time was given to relieve deadline pressure on trial attorneys: As the order notes: “[T]he scheduling of expert witnesses by both parties has become an extremely difficult task [due to the initial continuance]. Additionally, issues remain with regard to scheduling of additional depositions and pretrial discovery which are necessary for the thorough preparation and presentation of this bellwether case.”
The bellwether trial, McCracken v. DePuy (Case No 1:11 dp 20485), is part of the overall litigation entitled In Re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation (MDL 2197).
The Plaintiff, Ann McCracken, was implanted with the DePuy ASR metal hip on or around Aug. 24, 2009. According to the Complaint, she alleges that, as a result of the procedure, “she suffered and continues to suffer serious bodily injury and was forced to undergo revision surgery on or around Jan. 17, 2011,” according to court documents. McCracken resides in Rochester, New York.
The DePuy ASR and other metal-on-metal hip implants were approved without clinical testing for safety or efficacy due to the 510(k) approval process, which exempts devices from clinical testing as long as the manufacturers can show that their product is similar to a previously approved device. The U.S. Food and Drug Administration(FDA) reported on Jan. 18, 2013, that it was attempting to change the 510(k) approval process; the agency has proposed that all-metal hip replacements go through premarket approval, which would require device makers to prove that their products are safe and effective.
The FDA, in that same report, also advises people implanted with a metal hip to immediately speak with their doctors if they experience any of the following symptoms:
- Early failure, revision surgery
- Metallosis, high levels of metal ions in the bloodstream
- Difficulty walking, or a change in their ability to walk
Johnson & Johnson, which owns DePuy as a subsidiary, recalled 93,000 ASR hips in 2010, citing a failure rate of 12 percent in five years, according to a March 8, 2013, Bloomberg report. It added that, in Australia, failure rates exceeded 40 percent in seven years.
Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a recalled DePuy ASR Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm's DePuy ASR hip implant injury page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney