Wednesday, September 28, 2011

Discovery Moves Forward In Federal DePuy ASR Hip Replacement Lawsuits

 Excerpts reprinted from Bernstein Liebhard LLP Press release

MDL is multi district litigation that enables all of the cases to be considered under one judge.

The Firm reports that on September 26, 2011, the Honorable David A. Katz, who is overseeing the DePuy ASR MDL, issued several Case Management Orders,* which will require plaintiffs' counsel to submit a Plaintiff Fact Sheet and Medical Records Authorization on behalf of their clients who have undergone revision surgery or are scheduled to undergo revision surgery.

In a mass tort case, such as the DePuy ASR MDL, Plaintiff Fact Sheets are discovery tools used by defendants (Depuy)  to obtain basic information about the plaintiff as well as specific information about the nature of plaintiff's injuries. According to the Orders, cases currently pending before the Court involving plaintiffs who have already undergone revision surgery must have Plaintiff Fact Sheets and accompanying Medical Records Authorizations submitted by December 26, 2011. Cases filed in the DePuy ASR MDL after September 26, 2011, involving plaintiffs who have already undergone revision surgery have 90 days from the date of filing to submit Plaintiff Fact Sheets and Medical Records Authorizations. Finally, plaintiffs who undergo revision surgery after their cases have been filed will have 120 days from the date of the surgery to submit the required forms. Plaintiffs must also produce documents that support their claims against defendants.  

( comments from connie: At least this litigation seems to moving along!  Likely, Depuy will review the cases and then assess the extent of the damages they feel was likely their fault.  I would guess that if, after the review, they feel that they (depuy) have a good case to refute the claims, they will be tough negotiators re settlements.  I would bet they might push to settle early if they find the cases to be a clear cut case of wrong doing on their part.)

2 comments:

  1. I can't even remember how many revisions have been made regarding this depuy hip recall issue. ?

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  2. Most people have the notion that a lawsuit would take longer for them to get reimbursed for losses, that’s why they opt to accept a settlement offer instead.

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