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First Bellwether Trial in Multidistrict Litigation for DePuy Orthopaedics Inc.’s All-Metal Hip Implant to Commence on September 9 in Ohio’s Northern District, Reports Parker Waichman LLP

New York, New York (PRWEB) August 30, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that, according to court documents, U.S. District Judge David A. Katz, who is presiding over the DePuy ASR hip implant multidistrict litigation (MDL) in U.S. District Court, Northern District of Ohio, has ordered that the first bellwether trial’s start date remain September 9, 2013, even though an earlier Order had vacated what was originally supposed to be the first bellwether trial, the case of Dorney-Madgitz v. DePuy (Case No. 1:11 dp 20112). The start of the new initial trial, McCracken v. DePuy (Case No 1:11 dp 20485), remains September 9. The overall litigation is entitled: In Re DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation (MDL 2197).

The Plaintiff, Ann McCracken, was implanted with the DePuy ASR metal hip on or around Aug. 24, 2009. According to the Complaint, she alleges that, as a result of the procedure, “she suffered and continues to suffer serious bodily injury and was forced to undergo revision surgery on or around Jan. 17, 2011,” according to court documents. McCracken resides in Rochester, New York.

“Revision surgery is a primary concern when metal-on-metal implants fail, so we are pleased to be less than two weeks away from the start date,” said Daniel C. Burke, Senior Litigation Counsel at Parker Waichman LLP. “Many implant patients will often require multiple revision surgeries. These procedures involve the surgeon replacing the hip implant and also repairing any bone and/or tissue damage caused by metal debris shed by the implant. Revision surgeries are of increasingly longer durations and entail increasingly lengthier rehabilitation periods. The high complication rate is a concern as well.”

The DePuy ASR and other metal-on-metal hip implants were approved without clinical testing for safety or efficacy due to the 510(k) approval route, which exempts devices from clinical testing as long as the manufacturers show that their product is similar to a previously approved device. The U.S. Food and Drug Administration (FDA) reported on Jan. 18, 2013, that it was attempting to change the 510(k) approval process; the agency has proposed that all-metal hip replacements go through premarket approval, which would require device makers to prove that their products are safe and effective.

The FDA, in that report, also advises people implanted with a metal hip to immediately speak with their doctors if they experience any of the following symptoms:

  •     Early failure, revision surgery
  •     Metallosis, high levels of metal ions in the bloodstream
  •     Difficulty walking, or a change in their ability to walk
  •     Swelling
  •     Pain

Johnson & Johnson, which owns DePuy as a subsidiary, recalled 93,000 ASR hips in 2010, citing a failure rate of 12 percent in five years, according to a March 8, 2013, Bloomberg report. In Australia, failure rates have exceeded 40 percent in seven years.

Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a recalled DePuy ASR Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm's DePuy ASR hip implant injury page at Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
1+ (800) LAW-INFO
1+ (800) 529-4636

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