New York, New York (PRWEB) July 12, 2013
The U.S. District Judge presiding over thousands of DePuy ASR hip lawsuit claims filed in the U.S. District Court, Northern District of Ohio, has substituted a new case for the litigation’s first bellwether trial, Bernstein Liebhard LLP reports. According to an Order issued by Judge David A. Katz on July 8th, the opening date of the trial will remain September 9, 2013. Court documents indicate that the new bellwether case in the DePuy ASR litigation involves a Rochester, New York, patient who received one of the recalled implants in August 2009 and underwent revision surgery in January 2011. (McCracken v. DePuy Orthopaedics Inc., et al., No. 1:11-dp-2048)
“We look forward to the start of this trial in September. Many of the allegations made in this case echo those being put forth by our own DePuy ASR lawsuit clients,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of clients in DePuy ASR lawsuits. The Firm continues to offer free legal evaluations to anyone who suffered serious complications associated with the DePuy ASR recall.
DePuy ASR Litigation
Court records indicate that more than 11,000 DePuy ASR lawsuits are pending in courts throughout the country, most of which have been filed in the multidistrict litigation being presided over by Judge Katz. All of the lawsuits allege the DePuy ASR, which was recalled in August 2010 due to an unacceptably high failure rate, was defectively designed and caused plaintiffs to suffer serious complications that resulted in early failure of the device, including metallosis, pain, and swelling. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
While the trial in September will be the first in the federal litigation, two DePuy ASR lawsuit trials have already been held at the state level. In March, a plaintiff was awarded more than $8 million after a Los Angeles Superior Court jury found that the ASR was defectively designed. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, a jury in Chicago found for Johnson & Johnson in a second trial just one month later. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County).
The DePuy ASR hip recall brought increased scrutiny on the entire class of metal-on-metal hips, and in February 2011, the U.S. Food & Drug Administration (FDA) began a safety review of such devices. In January 2013, the agency warned that metal-on-metal hips can shed dangerous amounts of metal debris in patients, leading to metallosis and other adverse local tissue reactions, pain and swelling, and ultimately premature failure of the device. The FDA has advised patients fitted with all-metal hips to undergo metal ion testing if they were experiencing signs or symptoms of device failure. The agency has also proposed new rules that would subject all-metal hips to greater regulatory oversight.*
Individuals affected by the DePuy ASR recall who allegedly suffered metallosis, premature device failure or other complications may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. A wealth of information regarding the DePuy ASR litigation is available on Bernstein Liebhard LLP’s website. For a free DePuy ASR lawsuit review, please contact one of our attorneys by calling 800-511-5092.
*fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm335775.htm?source=govdelivery, FDA, January 17, 2013
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
Bernstein Liebhard LLP
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ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
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