In a pre-trial motion filed in U.S. District Court in Ohio, DePuy has asked Judge David Katz to prevent jurors in the first DePuy ASR multidistrict litigation (MDL) bellwether trial from learning that the ASR hip implant was recalled worldwide by its maker in 2010. DePuy argues that the fact the device was recalled is not “relevant” to the issues at stake in the case. Judge Katz will have to rule on the recall’s relevancy before the first MDL bellwether trial can officially get underway.
Plaintiff Will Argue Decision to Issue Recall Absolutely Relevant
In deciding whether to grant DePuy’s motion to exclude the recall from evidence, Judge Katz will have to apply a two-pronged test. Relevancy of evidence is a pretrial preliminary question of law decided by a judge who must determine: (a) does the evidence at issue have any tendency to make a fact more or less probable than it would be without the evidence?; and (b) if yes, is that fact of material consequence to determining the outcome of the case? The plaintiff in the first MDL bellwether trial, Faye Dorney-Madgitz, will try to persuade Judge Katz that DePuy’s decision to recall the device shows the company knew of the risks it posed to patients. DePuy has continued to deny wrongdoing with respect to the ASR; however, in February 2013 at the end of the first state court trial over the implant, a California jury ordered DePuy to pay $8.3 million to a man whose blood was poisoned by the device. The New York Times and other news sources continue forecasting that the ASR lawsuits will ultimately cost DePuy’s parent company Johnson & Johnson billions of dollars.
Contact RLG Now for a Free DePuy Lawsuit Evaluation
Thousands of DePuy ASR victims are anxiously awaiting their day in court, but thousands more who have not yet brought claims against DePuy could still be eligible sue. The Rottenstein Law Group has been monitoring all DePuy ASR litigation developments closely in order to provide current and prospective clients with important updates as they unfold. If you received a DePuy hip implant, you should speak to an RLG attorney to discuss your eligibility to file a lawsuit. You could be entitled to compensation for medical expenses, lost income, and even pain and suffering. Even if your implant device has not yet failed or caused you any complications, you should act now to preserve your rights. At RLG, we have over 25 years of collective experience fighting large corporations and helping injured clients obtain the compensation they deserve. We invite you to discuss the details of your situation with one of our experienced litigators any time in confidence. Our consultations are 100 percent free. Just fill out this form or call 1-877-277-5767.