Thursday, April 28, 2011

Update on the Depuy multi district litigation (MDL) proceedings

On April 5, 2011, the court issued Amended Case Management Order No. 4, which requires each plaintiff to file a short-form complaint and DePuy to file a single master abbreviated or short-form answer.

Order No. 4 permits plaintiffs to claim damages under 23 specific causes of action in addition to whatever other ones they choose to assert. Here are some noteworthy examples:
    • Simple negligence
    • Strict products liability
    • Breach of warranty
    • Fraudulent misrepresentation
    • Malice
    • Violation of state consumer protection statutes
The order allows plaintiffs to claim the following types of damages, among others:
    • Injury to self
    • Wrongful death
    • Economic losses
    • Loss of services
    • Loss of consortium
Meanwhile, DePuy’s master answer may contain 32 individual defenses. Some of these originate from its responses to the first DePuy hip replacement lawsuits, particularly those portions addressing limitations of damages such as punitive damages. Here are a few examples of the defenses DePuy may assert against hip replacement plaintiffs:
    • Plaintiff assumed all risks associated with the use of his or her DePuy ASR device
    • Plaintiff was negligent, careless, and at fault and conducted himself or herself so as to contribute to alleged injuries
    • Plaintiff’s alleged damages are barred because of the plaintiff’s failure to mitigate them  -excerpts from article from the Rottenstein group-


  1. Van Fleming, Greenville, NCMay 1, 2011 at 6:40 AM

    this is most informative site by far. everything else is overwhelmed by lawyer clutter trying to get clients. thx. I had hip replacement 5 years ago and have given blood regularly to lower cholesterol level and to get rid of chrom and cobalt. first blood test showed 1.7 Chrom and 4.9 cobalt. I stopped giving blood and had second blood test 50 days later and counts went to 2.9 and 6.9. pretty quick increase. Doctor did not even notice nor comment on it. not real interested it appeared. came by with the get another blood test in 6 months comment. Has anyone had a similar exp with blood tests and metal levels increasing rapidly?? thanks again.

  2. Hi,

    If you type in ion toxicity in the blog search box, you will see a list of blog comments on the site re these levels.

    hope that helps. LMK if you need anything else and thanks for the nice comment.