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Plaintiff is Replaced in First Bellwether Trial in DePuy ASR Multidistrict Litigation, Notes Parker Waichman LLP

New York, New York (PRWEB) July 16, 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, has replaced the Plaintiff in the first bellwether trial. A July 8 Court Order declared that the case of Dorney-Madgitz v. DePuy (Case No. 1:11 dp 20112), which had been scheduled as the first bellwether trial, has been vacated, with McCracken v. DePuy (Case No 1:11 dp 20485) taking its place. The trial date remains September 9, 2013. The overall litigation is entitled: In Re DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation (MDL 2197).

The Plaintiff in the new bellwether trial, Ann McCracken, was implanted with the DePuy ASR metal hip on or around Aug. 24, 2009, and 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.

“It’s astonishing to think about how many people may have been injured by metal-on-metal hip implants,” said Gary Falkowitz, Managing Attorney from Parker Waichman LLP. “We are hopeful that, over time, justice will be served.”

Parker Waichman LLP continues to offer free legal advice to patients implanted with DePuy’s ASR hip, as well as other metal-on-metal hips. The firm advises people 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

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.

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
(800) LAW-INFO
(800) 529-4636

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