A case status conference was held on January 10, 2013, for the DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (1:10-md-02197-DAK) multidistrict litigation (MDL); however, the court has not yet released a transcript of the proceedings. Originally, the conference was to be held on December 15, 2012, but U.S. District Court Judge David Katz postponed the meeting until after New Year’s because the parties had at that point complied with all of the court’s deadlines. Judge Katz announced the January 10 conference date via an order he filed with the court on December 27, 2012.
Judge Formally Names Bellwether Plaintiffs
Though the conference transcript is not yet available for review, much of the meeting was likely devoted to discussing the litigation timeline going forward, as well as the logistics leading up to the MDL’s two bellwether trials, both of which are still scheduled to begin May 6, 2013, and July 8, 2013, respectively. When Judge Katz postponed the December status conference, many assumed that the parties must have met the December 15, 2012, deadline Judge Katz set for reaching a consensus as to the identities of the two bellwether plaintiffs. This was confirmed on December 28, 2012, when Judge Katz issued a separate “Bellwether Designation Order” that read: “Following submissions by the parties and consideration by the Court, the following cases are selected for trial:  Case No.: 1:11dp20112, Plaintiff Faye Dorney-Madgitz, May 2013;  Case No.: 1:11dp20485, Plaintiff Ann McCracken, July 2013.”
With the Bellwether trials still several months away, plaintiffs and their loved ones will have to wait a little longer to see witnesses from DePuy questioned before real jurors. However, it is good news for plaintiffs that both sides have been able to reach agreements in accordance with the court’s deadlines such that the MDL has thus far steered clear of the types of severe delays common to complex litigation.
DePuy Orthopaedics, a Johnson & Johnson subsidiary, recalled its DePuy ASR hip implants in 2010. The recall applied to 93,000 devices distributed all around the world, roughly 37,000 of which were reportedly implanted in the United States. Experts estimate that more than 12 percent of all implants were doomed to fail within five years, and media reports allege that Johnson & Johnson executives knew of the problems well in advance of their decision to order the recall. To date, thousands of recipients of failed implants have filed lawsuits in state and federal courts in 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 for all prospective clients. Just fill out this form or call 1-800-624-9568.