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New Case Management Order in New Jersey DePuy ASR Recall Litigation Extends Discovery to June 2014, More than 650 Metal Hip Lawsuits Filed in Consolidated Proceeding
Date:10/23/2013

etal debris can shed from the metal hip’s chromium-cobalt ball and cup, leading to pain, metallosis and other complications that may require revision surgery. The DePuy ASR recall was announced after a United Kingdom hip registry found that between 12 and 13 percent of hip recipients would experience early device failure within five years of implantation.

As of September 2013, court records show more than 8,200 DePuy ASR lawsuits pending in a federal multidistrict litigation established in the U.S. District Court, Northern District of Ohio, where Bernstein Liebhard LLP is actively filing claims. The first trial in that litigation is slated to begin within 90 days. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

Additionally, court documents indicate that some 2,000 DePuy ASR recall claims have been filed in a consolidated litigation established in California’s San Francisco Superior Court, where a case was settled in October by the manufacturer. (DePuy ASR HIP System Cases, No. CJC-10-004649; Calif. Super. Ct., San Francisco Cty)

According to a recent report from Bloomberg.com, the recently-settled lawsuit had been selected for the litigation’s first bellwether trial, and was scheduled to begin later that month.* (Ottman v. Johnson & Johnson Services, et al., No. CGC-12-517391;Calif. Super. Ct., San Francisco Cty.)

Two trials involving the DePuy ASR metal hip have already concluded at the state court level. In March 2013, a plaintiff whose lawsuit included allegations that the implant was defectively designed won $8 million in Los Angeles Superior Court by a jury who ruled in favor of her claims. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) In April, another DePuy ASR lawsuit trial had a very different outcome when a jury in Chicago found for Johnson & Johnson in a similar action against the company. H (Strum v. DePuy, 2011-L-9352, Circuit Court o
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