(PRWEB) May 16, 2013
As hundreds of new cases involving the recently recalled Stryker Rejuvenate prosthetic hip system are being filed every week, later this month a six-judge panel will decide whether these cases should be consolidated and in which federal court.
Under a statute known as the Multi District Litigation Act, parties can seek the consolidation and coordination of federal cases that involve a common incident or event. The judge panel that makes the decision of whether coordination is appropriate and, more importantly, where the cases should be consolidated is known as the Multi District Litigation Panel (“MDL Panel”).
Recently, Stryker Rejuvenate attorneys at Kershaw Cutter & Ratinoff filed papers with the MDL Panel asking them to consolidate all Stryker Rejuvenate cases from around the country in the United States District Court for the Northern District of Illinois and asked specifically that they be sent to District Court Judge John W. Darrah. (Nels Petersen v. Howmedica dba Stryker Orthopaedics, US District Court, Eastern District of California, No. 2:13-cv-00690) KCR Partner Stuart Talley noted, “At the end of the day there are likely to be several thousand Stryker Rejuvenate cases filed throughout the country. Chicago is definitely the best forum for these cases. Not only is it centrally located and easy to get to, but Judge Darrah is by far the best judge to handle a case like this. He is extremely well respected and is known for his demeanor and fairness. These traits are absolutely necessary for a judge who is asked to handle thousands of cases involving hundreds of lawyers.”
Attorneys for other parties have sought consolidation in Minneapolis, New Jersey, Arkansas, and California. “Although these forums are acceptable, we firmly believe that the congestion in these courts may make it very difficult for the judges to devote the time and resources necessary to efficiently move these cases forward,” said Talley.
The MDL panel will be meeting in Louisville, Kentucky on May 30, 2013 to consider the competing petitions for coordination. A decision will likely be made a few weeks thereafter.
For more information on defective Stryker hips and cases, log onto KCR Legal’s Cobalt Chromium Toxicity Resource Center website at http://www.cobalt-chromium-toxicity.com. Kershaw, Cutter & Ratinoff is a Sacramento, California based law firm that represents clients in mass tort cases all over the country. Our Stryker Rejuvenate attorneys are currently working to bring justice for injured hip patients nationwide.