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Trial Date Set for First DePuy ASR Hip Implant Lawsuit

July 31, 2012 — As more DePuy ASR hip implant lawsuits continue to be filed, the first trial has been scheduled for May 6, 2013. A second trial will follow on July 8, 2013. The judge presiding over the federal cases, Judge David A. Katz, announced the Case Management Order after a status conference on July 25, 2012. He has set a deadline of August 8, 2012 for lawyers to choose the bellwether cases that will go to trial.

In a Multidistrict Litigation (MDL), lawsuits remain independent (unlike a class action) but they are centralized into one court. Early in the MDL, bellwether trials are selected that contain issues common to many other lawsuits in the litigation. The bellwether trials indicate how other lawsuits might fare. It also helps both parties gauge how much a potential settlement might be worth. Judge Katz has said that the court will only consider bellwether cases involving plaintiffs who underwent revision surgery for their ASR hip implant. The most serious lawsuits involve plaintiffs whose defective implants required additional corrective surgery.

Judge Katz has also set deadlines for attorneys to conduct depositions of key witnesses. These depositions may include the plaintiff, the surgeon who implanted the device, the surgeon who conducted the revision surgery, and a fact witness. The deadline for these depositions is November 1, 2012.

There are approximately 4,000 DePuy ASR lawsuits currently pending in the federal MDL in the U.S. District Court for the Northern District of Ohio, in re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”).

The DePuy ASR hip implant, manufactured by Johnson & Johnson, was recalled in August 2010 after being linked to an early failure rate. The recall involves 93,000 ASR hip implants, including the ASR XL Acetabular system (a type of socket) and the ASR hip resurfacing system (a partial hip replacement).

The ASR is a metal-on-metal hip implant. Recent studies have linked this type of hip implant to a three-fold higher rate of failure than plastic or ceramic designs. Metal-on-metal hip implants have also some serious complications, including non-cancerous pseudotumors, metallosis (metal poisoning), tissue damage, bone loss, chronic pain, dislocation of the hip joint, and more. In some cases, the metal parts grinding together can shed small nano-particles of chromium into the body. These chromium particles corrode, releasing charged cobalt ions that are highly soluble. The chromium forms an irritating residue in the hip joint, which may require surgery, and the cobalt can destroy nearby tissue and leak into the bloodstream.

Do I have a DePuy ASR Hip Implant Lawsuit?

The Schmidt Firm, PLLC is currently accepting DePuy ASR hip implant induced injury cases in all 50 states. If you or somebody you know has been injured by a DePuy ASR hip implant, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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