Discovery Moves Forward In Federal DePuy ASR Hip Replacement Lawsuits

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Bernstein Liebhard LLP reports on new Case Management Orders issued in the In re DePuy Orthopaedics, Inc. Hip Implant Liability Litigation, which require plaintiffs who have undergone or are scheduled to undergo revision surgery to provide important information regarding their claims and injuries to defendants.

The lawyers at Bernstein Liebhard LLP have been closely monitoring developments since the inception of In re DePuy Orthopaedics, Inc. Hip Implant Liability Litigation (“MDL No. 2197”), which is a consolidation of all federal DePuy ASR lawsuits pending in the United States District Court for the Northern District of Ohio. The Firm reports that on September 26, 2011, the Honorable David A. Katz, who is overseeing the DePuy ASR MDL, issued several Case Management Orders,* which will require plaintiffs’ counsel to submit a Plaintiff Fact Sheet and Medical Records Authorization on behalf of their clients who have undergone revision surgery or are scheduled to undergo revision surgery. In a mass tort case, such as the DePuy ASR MDL, Plaintiff Fact Sheets are discovery tools used by defendants to obtain basic information about the plaintiff as well as specific information about the nature of plaintiff’s injuries. According to the Orders, cases currently pending before the Court involving plaintiffs who have already undergone revision surgery must have Plaintiff Fact Sheets and accompanying Medical Records Authorizations submitted by December 26, 2011. Cases filed in the DePuy ASR MDL after September 26, 2011, involving plaintiffs who have already undergone revision surgery have 90 days from the date of filing to submit Plaintiff Fact Sheets and Medical Records Authorizations. Finally, plaintiffs who undergo revision surgery after their cases have been filed will have 120 days from the date of the surgery to submit the required forms. Plaintiffs must also produce documents that support their claims against defendants.

Bernstein Liebhard LLP partner, Felecia L. Stern, who is representing clients in the DePuy hip replacement lawsuits, commented, “We are pleased that discovery in the MDL is moving forward and have already started gathering the requested information. As more and more of our clients are scheduled to have their ASR hip replacements revised, we anticipate having to submit these Plaintiff Fact Sheets for the majority of our clients.”

Additional DePuy ASR Depositions Slated For October

Additionally, the Firm reports that two depositions of company representatives have been noticed to take place on October 20, 2011 in Fort Wayne, Indiana. These depositions were requested by plaintiffs in the federal DePuy ASR hip recall MDL. Specifically, on September 23, 2011, plaintiffs issued a Second Amended Notice of Oral Deposition of DePuy Orthopaedics, Inc.** and an Amended Notice of Oral Deposition of DePuy International Limited*** pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure. A 30(b)(6) deposition is a useful discovery tool for plaintiffs because testimony obtained during this type of deposition generally binds the corporation. DePuy MDL preliminary discovery began earlier this year; however previously noticed depositions were scheduled and then postponed. In fact, these particular DePuy ASR MDL 30(b)(6) depositions were initially slated to take place in September.**** The lawyers at Bernstein Liebhard LLP view these developments as an important step forward in the federal DePuy ASR hip litigation.

These depositions about DePuy’s retention policies, its electronically stored information and its corporate structure are significant tools for plaintiffs involved in the DePuy hip replacement lawsuits because they will help plaintiffs continue to target their substantive discovery requests. In addition to identifying topics plaintiffs intend to address during the deposition, plaintiffs have also identified specific documents they would like defendants to produce related to the DePuy ASR hip systems. Plaintiffs have requested such information as corporate organizational charts and agreements related to the sale and distribution of the DePuy ASR hip replacements.

Since DePuy was forced to recall the defective ASR metal on metal hip implants in August 2010, Bernstein Liebhard LLP has provided a wealth of consumer information concerning both the Pinnacle and ASR hip systems on its website, If you or a loved one have had hip replacement surgery and have been implanted with a defective DePuy metal on metal hip, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

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For more information about filing a DePuy metal on metal hip recall lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at info(at)consumerinjurylawyers(dot)com.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

ATTORNEY ADVERTISING. © 2011 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. The lawyer responsible for this advertisement in the State of Connecticut is Amy L. Abate. 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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