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Judge Orders Postponement of First Bellwether Trial in DePuy Orthopaedics Inc.’s Multidistrict Litigation, Pushing It to Sept. 24, Parker Waichman LLP Reports
Date:9/11/2013

New York, New York (PRWEB) September 11, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that 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, issued an Order on Sept. 6 to postpone the start date of the MDL’s first bellwether trial, from Sept. 9, 2013, to Sept. 24, 2013. “The Court, after conferring with the parties, has determined that because of the delayed designation of this case for trial, which occurred in July 2013, additional discovery and the consideration of additional legal matters requires this Court to continue this trial for two weeks,” the Judge wrote in the Order. The trial, McCracken v. DePuy (Case No 1:11 dp 20485), is part of the overall litigation 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.

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 process, which exempts devices from clinical testing as long as the manufacturers can show that their product is similar to a previously approved device. The U.S.
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