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DePuy ASR Lawsuit News: Rottenstein Law Group LLP Comments on Judge’s Decision to Exclude 2010 ASR Recall from Trial
Date:8/6/2013

(PRWEB) August 06, 2013

On July 26 U.S. District Judge David A. Katz granted a DePuy Orthopaedics motion to exclude evidence of the 2010 voluntary recall of the DePuy ASR during the September bellwether trial in the federal multidistrict litigation. The Rottenstein Law Group LLP, a DePuy ASR law firm, explains what this means for those who have filed or are looking to file DePuy lawsuits.

Katz granted the motion because of the Federal Rules of Civil Procedure, according to court documents in In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation (MDL-2197; U.S District Court for the Northern District of Ohio). There are thousands of ASR metal-on-metal hip lawsuits pending in the federal consolidation.

“If the judge has decided to exclude evidence of the recall,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP, “then it’s probably because he feels that that evidence would be more prejudicial than probative. That is, if the jurors hear that the product at issue was recalled, they might conclude that there’s nothing else to consider and DePuy has to be culpable. But that’s not necessarily the proper legal analysis, and the judge has to ensure that the appropriate procedure of weighing all the relevant information isn’t short-circuited. Otherwise, DePuy will have grounds for an appeal of a verdict and award for the plaintiff. So the ruling might seem like a hurdle for the plaintiff, but it will likely make any decision in the plaintiff’s favor that much stronger.”

The DePuy ASR hip replacement system has been under U.S. Food and Drug Administration scrutiny, primarily because of one dangerous alleged side effect called “metal poisoning,” or “metallosis.” According to the FDA*, metal particles could peel off into the patient’s bloodstream when the device’s metal parts rub together. Th
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2. DePuy Hip Class I Recall Announced By FDA of Its DePuy LPS Lower Extremity Dovetail Intercalary Hip Implant Component Due to Risk of Fracturing, Reports Wright & Schulte
3. DePuy ASR Lawsuit News: Bernstein Liebhard LLP Notes DePuy Orthopaedic’s Motion for Summary Judgment in California Bellwether Case
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9. US Drug Watchdog Now Urges All DePuy Pinnacle Hip Implant Recipients To Call Them About A Vital Blood Test That Should Reveal A Premature Failure
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