Posted on December 29, 2010 by Rottenstein Law Group
In mid-December, 1,500 DePuy hip replacement recipients filed a class action lawsuit in courts all over Canada. They received their implants between 2006 and the time of hip replacement recall. Of the two other class actions, one was filed in Quebec Superior Court against DePuy in November. The third is a much more ambitious undertaking. Filed in Calgary, Alberta, Halifax, Nova Scotia, and Montreal, Quebec, it names DePuy for its ASR hip replacements, Zimmer Corp. for its Durom Cup and Stryker Corp. for its Trident Acetabular PSL Cup and Trident Hemispherical Cup.
DePuy initiated its hip replacement recall after foreign artificial replacement registries demonstrated that they failed 12 percent to 13 percent of the time after only 5 years, even though hip replacements are supposed to last for 15 years.
The resulting litigation in the United States has proceeded somewhat more quickly than in Canada. Here, the United States Judicial Panel on Multidistrict Litigation (MDL) assigned all the DePuy pretrial procedural matters to Judge David A. Katz of the U.S. District Court, Northern District of Ohio. Of the 115 cases consolidated into MDL, several are class action lawsuits. The rest are individual cases that will benefit from the more efficient pretrial process that MDL provides.