Saturday, August 25, 2012

Update to the MDL (multidistrict litigation) for the Federal court cases.

for those of you who would like more detail on what is happening with the Depuy Multidistrict litigation, you can find here:
http://www.ohnd.uscourts.gov/assets/Clerks_Office_and_Court_Records/MDL/2197/CMO-14.pdf

The bottom line is the following: (excerpts from the Maryland Lawyer Injury Blog.)

We don’t know which cases are going to trial yet, only that two trials are set. Among the thousands (4,451 as of July 10) of DePuy hip implant cases filed and consolidated in the United States District Court for the District of Ohio, the lawyers get to pick. The judge has requested that each side choose four cases that they would like to see go to trial. The cases chosen must involve a revision surgery, and must satisfy certain discovery requirements.

Here’s the timeline, according to Case Management Order No. 14:
August 8, 2012: Each side selects four potential cases.
November 1, 2012: End of discovery for the eight selected cases. This is not full discovery, but limited discovery to help identify the ideal bellwether cases.
December 1, 2012: The parties should tell the court which of the eight cases should be bellwether cases. The parties can agree on the cases to be used.
December 15, 2012: If the parties do not agree on which cases should be bellwether cases, the court will pick four total (two primary cases, and two backup cases).

Additional time will be allocated for specific discovery in the four cases.
The bellwether trials are a vital part of the MDL process. The cases chosen are meant to guide both plaintiffs and defendants in deciding whether hip replacement settlements are possible, and for how much. It is instructive to see how a jury will evaluate these cases. For that reason, the parties oftentimes must fight the urge to pick what they see as the best cases—it is more instructive to choose garden variety cases that are representative of the majority of cases. That said, there is a certain appeal to winning the bellwether cases, even if they are not necessarily representative of the rest of the cases. Winning plays a huge psychological role in how the other side views their chances for the other cases.

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If you would like to see additional information  on the litigation process, go to the home page of this blog and click on Litigiation here:  http://www.mydepuyhiprecall.com/p/litigation.html

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