Wednesday, November 16, 2011

DePuy ASR Metal Hips: Tip of the Iceberg?


Posted by Shezad Malik MD JD November 12, 2011 11:05 AM

There is an average of 20 new cases filed daily in the federal multidistrict litigation, In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation ("MDL No. 2197").

There are approximately 2,600 cases currently pending in the DePuy ASR MDL, in the U.S. District Court for the Northern District of Ohio. The Judicial Panel for Multi-District Litigation consolidated all federal cases arising from the DePuy ASR recall in December 2010.

There are over 1,000 related ASR hip cases pending in state courts. 37,000 Americans received the recalled ASR hip implants, and we predict that this litigation is likely to continue.

The U.S. Food and Drug Administration ("FDA") has received more than 5,000 complaints since January about metal-on-metal hip implants. According to the EDA, 75 percent of those complaints involved the recalled ASR XL Acetabular System and the ASR Hip Resurfacing System

Discovery Progressing In Federal ASR Hip Replacement Lawsuits

Given that the DePuy ASR MDL is not yet even a year old, and the rate at which new lawsuits are being filed, plaintiffs leading the litigation are devoting substantial time and resources in order to efficiently manage these lawsuits. For instance, discovery forms have been negotiated and standardized; protocol for the production and review of electronically-stored information has been established; experts have been retained; and depositions have begun.

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