Moira Jackson was to be the first plaintiff to have her day in court against the manufacturer of her defective replacement hip, Johnson & Johnson subsidiary DePuy Orthopaedics, Inc., but Ms. Jackson’s suit was withdrawn from state court in Maryland the same day opening statements were set to begin. According to news sources, Ms. Jackson’s lawyers withdrew the case in order to re-file it in federal court in Ohio.
From State Court to Ohio’s MDL
By taking her case to federal court, Ms. Jackson will join thousands of plaintiffs who have already had their near-identical lawsuits against DePuy consolidated in the IN RE: DePuy Orthopaedics, Inc. ASR Hip Implant multidistrict litigation (MDL) (1:10-md-02197-DAK) before Judge David A. Katz of the U.S. District Court for the Northern District of Ohio. Bellwether trials in the Ohio MDL are set to begin mid-2013, but for now, without Ms. Jackson’s trial going forward, plaintiffs and their loved ones will just have to wait a little longer to see DePuy’s executives questioned in court before real jurors about the timing of their decision to finally recall the ASR devices.
Johnson & Johnson recalled the DePuy ASR hip implant on behalf of its subsidiary in 2010. The recall applied to 93,000 devices that had been distributed all around the world, roughly 37,000 of which were reportedly implanted in the United States. Of those in the U.S., more than 12 percent failed within five years. Lawsuits have been filed in courts all around the U.S., and many more implant recipients might still be eligible to sue.
Contact RLG Now for a Free DePuy Lawsuit Evaluation
The Rottenstein Law Group watches the dockets closely in all state and federal DePuy lawsuits so that we can provide our current and prospective clients with prompt case updates. If you received a DePuy ASR hip implant, you should speak to a qualified attorney to discuss your eligibility to file a lawsuit. Even if your implant device has not yet failed or caused you any complications, you should take this step now to protect your rights before a filing deadline is determined. The Rottenstein Law Group invites you discuss the details of your situation with one of our attorneys right away. Together, we have over 25 years of collective experience fighting large corporations and helping injured clients obtain the compensation they deserve. Our consultations are free and confidential for all prospective clients. Just fill out this form or call 1-800-624-9568.