Sunday, July 29, 2012

Is the MDL ever going to lead to a settlement?

Exerpts from a Bernstein Liebhard release

On July 26, 2012, the Honorable David A. Katz, who is overseeing the consolidated DePuy ASR hip litigation, issued a Case Management Order setting forth deadlines for bellwether trial selection and related discovery.* The federal DePuy ASR hip litigation is currently underway in the U.S. District Court for the Northern District of Ohio. According to the order, the first federal ASR hip recall lawsuit trial is scheduled to begin on May 6, 2013 with the second trial set for July 8, 2013.

Lawyers for plaintiffs and defendants must select the potential trial cases by August 8, 2012. For these first ASR hip recall lawsuits, the court will only consider cases involving plaintiffs who needed revision surgery.

Discovery Rulings Ordered To Ensure The ASR Hip Recall Lawsuits Move Towards Trial

In order to ensure that these first ASR hip trials go forward as scheduled, Judge Katz also issued certain discovery deadlines. For example, depositions of the plaintiff, the implanting surgeon, the explanting surgeon, and one fact witness for each side must be conducted by November 1, 2012.

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[From Connie:  Boy this MDL litigation seems to be moving at a snail's pace.  This started in october of 2010.  The first case won't be tried until May of 2013.  That case is just a sample case to see how quikly everyone can settle.  If the award is high, I suppose deupy will try and settle quickly.  I don't know exactly but it would seem to be the case.  This is a 3 year time line before a trial starts!  Yikes!  The only thing that seems slower is the congress. Maybe they are all this way?]

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