Judge Orders Postponement of First Bellwether Trial in DePuy Orthopaedics Inc.’s Multidistrict Litigation, Pushing It to Sept. 24, Parker Waichman LLP Reports

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The first federal trial in the multidistrict litigation for DePuy Orthopaedics Inc.’s ASR metal-on-metal hip implant has been postponed as per Judge’s Order; it will begin in Ohio’s Northern District on Sept. 24, according to court documents. Parker Waichman LLP offers legal advice to patients implanted with DePuy’s all-metal hips who experience injury or harm, including an early need for revision surgery.

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According to the Complaint, [the Plaintiff] alleges that, as a result of the [metal-on-metal hip implant], “she suffered and continues to suffer serious bodily injury and was forced to undergo revision surgery...

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. 6 to postpone the start date of the MDL’s first bellwether trial, from Sept. 9, 2013, to Sept. 24, 2013. “The Court, after conferring with the parties, has determined that because of the delayed designation of this case for trial, which occurred in July 2013, additional discovery and the consideration of additional legal matters requires this Court to continue this trial for two weeks,” the Judge wrote in the Order. The 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
  •     Swelling
  •     Pain

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).

Contact:
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
1+(800) LAW-INFO
1+(800) 529-4636
yourlawyer.com

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Gary Falkowitz
Parker Waichman LLP

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