DePuy ASR™ MDL Lawsuit Update: First DePuy ASR™ Trial in the Multidistrict Litigation Set to Begin in 90 Days
The first DePuy ASR™ case to be tried in the Multidistrict Litigation (MDL 2197) was set to begin on September 24, 2013. However, The Honorable Judge David Katz, who presides over the DePuy ASR™ MDL pending in the Northern District of Ohio, has decided to postpone the trial for 90 days in order to complete discovery and other pretrial matters. In an Order issued by Judge Katz, he provided that the delay was due to the fact that “the scheduling of expert witnesses by both parties has become an extremely difficult task. Additionally, issues remain with regard to scheduling of additional depositions and pretrial discovery which are necessary for thorough preparation and presentation of this bellwether case.”
According to a report by DrugWatch, Johnson & Johnson knew – even as far back as 2008 – that nearly 40 percent of patients with a DePuy ASR™ hip would experience total failure within five years. Because of the rising number of DePuy ASR™ lawsuits, the FDA has issued new guidelines for the approval of metal-on-metal (“MoM”) implants, which include a provision that any MoM implant must first undergo rigorous, comprehensive clinical testing prior to being introduced to the market. Unfortunately, the new guidelines came too late for the nearly 90,000 patients who had a DePuy ASR™ hip device implanted.
Since the withdrawal of the DePuy ASR™ (Articular Surface Replacement) hip device from the market in August 2010, thousands of lawsuits have been filed against Johnson & Johnson alleging injuries to persons who had the defective DePuy ASR™ hip products implanted during hip replacement surgeries. According to the most recent report from the Judicial Panel on Multidistrict Litigation, there are over 8,400 cases pending in the DePuy ASR™ Multidistrict Litigation (MDL 2197).
If you or a loved one has experienced complications with a DePuy ASR™ hip device, contact the experienced attorneys at Schlichter, Bogard & Denton, LLP toll-free at 1-800-873-5297 for your confidential and free consultation.
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