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First Bellwether Trial in Federal DePuy ASR Lawsuit Litigation Scheduled to Begin after Two-Week Postponement
Date:9/22/2013

recall was issued in August 2010 after data from a United Kingdom hip registry showed annual revision rates associated with the metal implant to be unacceptably high within five years of implantation, according to the U.S. Food and Drug Administration. Court records indicate that some 11,000 lawsuits alleging pain, swelling, difficulty walking and other symptoms associated with metallosis (metal ion poisoning) have since been filed by individuals affected by the recall in the U.S.

In addition to lawsuits pending in federal court, DePuy ASR recall cases are moving forward in various state courts as well. In a proceeding underway in California Superior Court, a trial is slated to begin on October 15th (DePuy ASR HIP System Cases, No. CJC-10-004649; Calif. Super. Ct., San Francisco Cty), while another case over the DePuy ASR hip implant has been scheduled for trial in New Jersey Superior Court on October 21st. (In Re DePuy ASR Hip Implants Litigation, BER-L-3971-11)

DePuy ASR lawsuits similarly allege that the metal-on-metal hip was defectively designed by DePuy Orthopaedics, which failed to warn doctors and patients about its product’s potential to fail prematurely.

Two trials involving the DePuy ASR hip recall have already concluded. In March 2013, a jury in Los Angeles Superior Court awarded $8 million to a plaintiff whose lawyers argued that the metal hip was defectively designed by the manufacturer. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) A jury in Chicago ruled in favor of the Johnson & Johnson subsidiary a month later in a second trial over the ASR device. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County)

Individuals who allegedly experienced metallosis, premature device failure or other compl
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