Sunday, September 1, 2013

First Bellwether Trial in Multidistrict Litigation for DePuy Orthopaedics Inc.’s All-Metal Hip Implant to Commence on September 9 in Ohio’s Northern District

Parker Waichman


U.S. District Judge David A. Katz, who is presiding over the DePuy ASR hip implant multidistrict litigation (MDL) in U.S. District Court, Northern District of Ohio, has ordered that the first bellwether trial’s start date remain September 9, 2013, even though an earlier Order had vacated what was originally supposed to be the first bellwether trial, the case of Dorney-Madgitz v. DePuy (Case No. 1:11 dp 20112). The start of the new initial trial, McCracken v. DePuy (Case No 1:11 dp 20485), remains September 9. The overall litigation is entitled: In Re DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation (MDL 2197).

The Plaintiff, Ann McCracken, was implanted with the DePuy ASR metal hip on or around Aug. 24, 2009. According to the Complaint, she alleges that, as a result of the procedure, “she suffered and continues to suffer serious bodily injury and was forced to undergo revision surgery on or around Jan. 17, 2011,” according to court documents. McCracken resides in Rochester, New York.


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