Monday, April 23, 2012

First DePuy ASR Hip Recall Trial in U.S. Has Date Set for this December

[This is all interesting because I have wondered how the direct trials in state court will be dealt with vs the MDL trials in federal court.  There seems to be an argument for going either way.  Tomorrow I will post something on the perspective of going the State court route which is not through the MDL (multidistrict litigation route.) Honestly, I don't know which route is better should you decide to pursue litigation.  There are surely multiple approaches to this litigation.]

\(April 18, 2012 – Las Vegas, Nevada) -- A Nevada judge set the first trial date involving Johnson & Johnson subsidiary DePuy Orthopaedics, Inc.'s recalled ASR hip to begin December 3rd. The trial will take place in a Las Vegas, Nevada state court. The trial involves three patients with recalled DePuy ASR hip devices. All three patients have had their ASR hip implants removed and replaced. A Las Vegas judge and jury will decide the outcome of the case.

"This is the first DePuy ASR hip trial scheduled in the United States" says Brian Franciskato of the Nash & Franciskato Law Firm, "but if Johnson & Johnson continues to refuse to compensate patients, I have no doubt that there will be many, many more."

Representing the patients in the Nevada trial is an alliance of law firms including Maglio Christopher & Toale, P.A., the Nash & Franciskato Law Firm, and the law firm of White & Wetherall, LLP. "Getting this case to trial is one of the reasons that we fought DePuy so hard when they tried to force us into federal court," stated Altom Maglio of the Maglio Christopher & Toale, P.A. Law Firm. "If DePuy had succeeded in forcing this case into federal court, our clients would be stuck in limbo, with no possibility of getting justice for years."

In addition, the second DePuy ASR Hip trial in the U.S. has been set by a Maryland judge to begin the following month in January 2013. The Maryland trial is also on behalf of three patients with recalled DePuy ASR hip implants that had to be replaced. The Maryland patients are also represented by the Maglio Christopher & Toale, P.A. and Nash & Franciskato law firms. The January trial will be held in a Prince George County, Maryland state court.

The December Nevada trial is in the case of Rundle, et al. v. Precision Orthopaedics, Inc. and DePuy Orthopaedics, Inc., case number A-11-636272-C, in the Eighth Judicial District Court of the State of Nevada. The January Maryland trial is in the case of Jackson, et al. v. Chesapeake Orthopaedics, Inc. and DePuy Orthopaedics, Inc., case number CAL10-32147, in the Circuit Court of Prince George's County, Maryland.

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