Judicial Panel Decides to Send DePuy Replacement Recall Lawsuits to Ohio

Judicial Panel Decides to Send DePuy Replacement Recall Lawsuits to Ohio

Upon discovering that its two artificial hip replacements, the ASR XL Acetabular System and the ASR Hip Resurfacing System, were defective, the DePuy Orthopaedics issued a recall. Now many recipients of the implants are suing the manufacturer for damages. There was a snag: most of the hip replacements recipients' circumstances shared commonalities, but the nature of their damages differed. For example, some underwent painful revision procedures; others did not. Consequently, the recipients could not all combine their claims into class-action lawsuits, nor could they individually sue DePuy and expect a quick resolution. The solution was to consolidate the cases into multidistrict litigation (MDL), which would grant plaintiffs equal access to DePuy's pretrial documents. The United States Judicial Panel on Multidistrict Litigation heard five motions from plaintiffs to consolidate the cases with one judge last November. They requested many different locations, from California, to Louisiana, to Illinois and Indiana. Last week, the MDL Panel chose District Judge David A. Katz of the Northern District of Ohio to oversee the cases.

The Panel gave multiple reasons for its choice. Aside from none of the cases originating from that district, the Panel reasoned, "Centralizationin the Northern District of Ohio will serve the convenience of parties and witnesses and promote the just and efficient conduct of the litigation." In the Transfer Order, it added, "Centralizationwill eliminate duplicative discovery, prevent inconsistent pretrial rulings on discovery and other issues, and conserve the resources of the parties, their counsel and the judiciary."

If you are interested in joining the many recipients suing DePuy for its defective, recalled hip replacements, you should seriously consider contacting the Rottenstein Law Group rather than working with DePuy on your own. The MDL Panel's ruling demonstrates that the justice system is moving swiftly and efficiently, so the likelihood of extended litigation appears minimal. Our hip recall lawyers are standing by to help.

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