Thursday, May 5, 2011

Preservation Order Issued Regarding Explanted DePuy ASR Devices (excerpts)

Posted on by mark 

On April 5th, there was a hearing in front of Judge David A. Katz of the U.S. District Court for the Northern District of Ohio, who has been assigned the multidistrict litigation regarding the DePuy ASR lawsuits. A day later, Judge Katz issued three orders regarding the litigation, perhaps most notably an Explant Preservation Order. A preservation order is a judicial mandate creating a duty to preserve certain “documents, data, and tangible things” related to the litigation. Judge Katz’s order was specifically regarding the defective ASR components removed from patients after the recall.

The order spans nine pages and explains in great detail the procedures that must be followed by both DePuy and the respective plaintiffs following surgery. The explanted device and surrounding tissue that is removed from a patient whose device is subject to the recall are critical pieces of evidence to any claim against the manufacturer. Judge Katz mandated that not only must the devices be preserved “with no additional damage,” but upon the plaintiff’s request hospitals are directed to preserve any synovial fluid or blood removed during the procedure.

Since issuing that recall, Depuy has asked patients and surgeons alike to return all explanted devices to the company.

[added by connie:  this is an important notice.  All patients should make absolutely certian that their hip explants are kept or sent to a lab for review.  There seems to be a lot of discussion surrounding what lab should look at these hips.  Depuy has hired certain labs to review the explanted hip.  If you are represented by Counsel, they likely are using other labs and would not be inclined to send the hip to Depuy.  In the latter case, the law firm representing you would underwrite the expense involved in examining the hip post surgery.  Pre surgery, all of the protocol must be in place so that the surgeon, and the hospital know exactly what protocol should be used regarding the device preservation, the fluid and blood preservation for transporting this to the appropriate lab.

If you are not represented by counsel and you choose to not send the explant to Depuy, you must identify a lab.  These labs are not easy to find.  Not every lab runs analysis on the explanted hips!]

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