New York, New York (PRWEB) May 24, 2013
DePuy ASR lawsuit claims stemming from the 2010 DePuy hip recall continue to move forward in courts throughout the country, Bernstein Liebhard LLP reports. According to documents filed in Californias San Francisco Superior Court on April 25th, a Plaintiff who had been seeking an expedited trial of her DePuy hip lawsuit is voluntarily seeking dismissal of the case. (Tilman v. DePuy Orthopaedics, Inc., et al., No. CGC11508806; Calif. Super. Ct., San Francisco).
This news is particularly interesting as when a case is voluntarily dismissed it is often an indication that the parties have come to an agreement, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who suffered metallosis, premature device failure, and other serious complications allegedly related to the 2010 DePuy hip recall.
DePuy ASR Hip Lawsuits
Court records indicate that there are more than 10,000 DePuy ASR hip lawsuits currently pending in courts throughout the U.S. The DePuy hip recall was announced after the metal-on-metal hip implants were found to be failing in an unacceptably high number of patients. The U.S. Food & Drug Administration (FDA) is now reviewing the safety of all metal hip implants, over fears that the devices can shed dangerous amounts of metal debris into patients bodies, leading to premature failure of the hips and other serious complications. In January, the agency proposed a new regulation that would make such devices ineligible for the agencys 510(k) clearance process, which allowed all-metal hips like the ASR hip to gain FDA approval without first undergoing human clinical trials. The FDA also advised doctors to test metal hip implant patients for elevated metal ion levels if they present with symptoms of a failing hip implant.*
The majority of DePuy hip lawsuits have been filed in a multidistrict litigation now underway in U.S. District Court, Northern District of Ohio. Court records indicate that the first trials in that litigation will begin this September. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation MDL 2197) Two lawsuits have already gone to trial at the state level, one of which ended with a California Superior Court jury awarding the Plaintiff more than $ 8 million in damages. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, the jury hearing a second trial in Illinois state court found for DePuy. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County) According to an April 16th report from The New York Times, documents submitted as evidence in both of those trials indicated that Johnson & Johnson and its DePuy Orthopaedics unit knew that the ASR was flawed years before the recall was announced, but did not disclose this information to the public or the medical community.**
Earlier this month, DePuy Orthopaedics announced it would end sales of metal-on-metal hip implants, citing recent FDA actions and decreased demand for the products, according to the New York Times. The sales suspension includes a metal-on-metal version of the companys DePuy Pinnacle hip replacement system, which is also the subject of lawsuits.*** Bernstein Liebhard partner, Jeffrey S. Grand, is serving on the Plaintiffs Steering Committee in a multidistrict litigation established for DePuy Pinnacle lawsuits in U.S. District Court, Northern District of Texas. (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation – MDL No. 2244)
Bernstein Liebhard LLP is actively filing claims in the DePuy ASR litigation underway in Ohio. Individuals who suffered metallosis, premature device failure or other complications allegedly related to the DePuy hip recall may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages. A wealth of information regarding DePuy ASR hip lawsuits is available on Bernstein Liebhard LLPs website. For a free case review, please contact one of our attorneys by calling 800-511-5092.
*fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241604.htm
**nytimes.com/2013/04/17/business/johnson-johnson-wins-case-on-artificial-hip.html?ref=health&_r=0
***nytimes.com/2013/05/17/business/jj-is-phasing-out-metal-replacement-hips.html?ref=health&_r=0
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 10 consecutive years.
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