Because this is the first of possibly many DePuy ASR hip replacement trials, it is likely to be a good indicator of the type of defenses DePuy might assert in future trials.
(PRWEB) January 17, 2013
The Rottenstein Law Group, a DePuy ASR hip law firm, is closely monitoring developments in the run-up to the nation’s first trial of a DePuy ASR lawsuit, set to begin on Jan. 22 in Los Angeles Superior Court.
Both the defendant, Johnson & Johnson subsidiary DePuy, and the plaintiffs, Loren and Sheryl Kransky, plan to call dozens of witnesses, according to court documents for the case (In re: Loren Kransky and Sheryl Kransky v. DePuy, Inc., et al., BC456086, Los Angeles Superior Court). Witnesses include several current and former DePuy employees, doctors, other experts and family members, besides the plaintiffs themselves.
“Because this is the first of possibly many DePuy ASR hip replacement trials, it is likely to be a good indicator of the type of defenses DePuy might assert in future trials,” said Rochelle Rottenstein, principal of the Rottenstein Law Group.
According to the court documents, DePuy employees from around the world will be called to testify in the company’s favor, including Principal Bioengineer Christopher Hunt of Leeds, England, and Sarah Deegan, worldwide vice president of regulatory affairs, from Ireland, in addition to several executives from DePuy Orthopaedics’ headquarters in Warsaw, Indiana. A handful of physicians are also on the witness list.
According to court documents, among the topics the plaintiffs’ attorneys will address when questioning witnesses is the design of the DePuy ASR, which was recalled in August 2010 after reports of serious DePuy side effects, including high failure rates of the device and potential instances of the metal parts of the DePuy hip replacement rubbing together to cause metal to enter a patient’s bloodstream, which can lead to metal poisoning and a host of central nervous system-related side effects. Other side effects noted have been bone loss and pain while walking.
In addition to physicians, public health experts and several DePuy employees, the attorneys for the Kranskys have included some of the Kranskys’ friends and family on the witness list. The Kranskys themselves will also testify, the court documents indicate.
DePuy ASR lawsuits currently number in the several thousand, many of which have been consolidated into a federal multidistrict litigation in the United States District Court for Northern District of Ohio (MDL-2244).
The Rottenstein Law Group maintains a DePuy Recall News Center that provides updates on DePuy lawsuits and information about the device’s side effects and tips on the next steps in process toward evaluating whether DePuy ASR hip replacement recipients should file a lawsuit.
Another DePuy ASR lawsuit, previously scheduled to begin in Maryland on Jan. 7, was withdrawn just after jury selection; that plaintiff is considering refiling suit in federal court.
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com