The first federal DePuy ASR bellwether trial has been postponed a third time. In an order issued September 6, 2013, U.S. District Court Judge David A. Katz delayed the trial’s start date another two weeks to September 24 citing a need for “additional discovery and the consideration of additional legal matters.” Originally, the trial was slated to begin May 6, 2013, but Judge Katz, who presides over the federal DePuy ASR multidistrict litigation (MDL), bumped the start date twice already to deal with unresolved pretrial matters. The MDL is captioned In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation, MDL-2197, U.S District Court for the Northern District of Ohio.
After Third Postponement, Trial Slated To Begin September 23, 2013
Despite the latest delay, Ann McCracken of Rochester, New York will still be the first plaintiff to have her case heard in U.S. federal court. Ms. McCracken is just one of over 11,000 plaintiffs in the U.S. anxious to have their DePuy ASR cases resolved. These plaintiffs need not be discouraged by this additional delay though, as extra preparation time will be beneficial to their goal of presenting the strongest possible case in the courtroom. Ms. McCracken, whose individual lawsuit is captioned McCracken v. DePuy (No.: 1:11dp20485), was forced to undergo a complicated and expensive revision surgery after her DePuy ASR XL Acetabular System implant failed prematurely. Her lawsuit alleges that DePuy and its parent company Johnson & Johnson (J&J) knew in advance that the devices were highly susceptible to premature failure.
J&J Reportedly Considering Settlement Offers
According to a recent Bloomberg report citing five insider sources, J&J is allegedly weighing a multi-billion-dollar settlement offer in hopes of resolving all ASR litigation by 2014. Each DePuy ASR plaintiff, though, would still have the right to refuse settlement and demand a trial for his or her individual case. Plaintiffs might go this route if they believe a jury award could exceed their share of the company’s settlement offer.
Contact RLG Now for a Free DePuy Lawsuit Evaluation
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. Our consultations are confidential and 100 percent free. Just fill out this form or call 1-800-624-9568.