First Trials Set for DePuy ASR Hip Implant Lawsuits

First Trials Set for DePuy ASR Hip Implant Lawsuits

By Sarah Pierce

Plaintiffs involved in thousands of DePuy ASR hip implant lawsuits are one step closer to winning a metal hip implant settlement to cover their medical expenses, pain and suffering. U.S. District Judge David A. Katz, who is overseeing 4,000 cases in the DePuy ASR lawsuit MDL, announced July 25, 2012 that the first trial dates for the DePuy ASR MDL have been set for 2013 as “bellwether” (or test) trials. The outcome of the bellwether trials will be closely watched by metal hip implant lawyers and lawsuit Plaintiffs seeking compensation for injuries caused by metal-on-metal hip implant injuries. How the jury reacts to the bellwether trials will affect the amount of compensation – if any – awarded in future DePuy ASR hip implant lawsuit settlements. Victims of metal-on-metal hip implant side effect injuries are encouraged to speak with a hip implant lawyer right away to discuss their legal options.

More than 4,000 DePuy ASR lawsuits have been consolidated in a multi-district (MDL) litigation in the U.S. District Court for the Northern District of Ohio under Judge Katz. The DePuy ASR lawsuit MDL was created to help streamline the pre-trial process for the cases. Last week, Judge Katz moved the federal cases forward in In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 2197) by setting the first bellwether trial for May 6, 2013, and the second for July 8, 2013. The DePuy ASR bellwether cases must be selected by August 8, 2012, and the discovery process must be completed by November 1, 2012. The designation of the cases for the bellwether trials is due by December 1, 2012.

Joining the DePuy ASR Lawsuit MDL

Joining the DePuy ASR hip implant lawsuit MDL is often a good choice for Plaintiffs seeking compensation for their metal-on-metal hip implant injuries. That’s because in an MDL, Plaintiffs retain their right to individual trials and potential lawsuit settlements. This is different from a DePuy ASR class action lawsuit, in which Class Members agree to one trial and share in the class action lawsuit settlement. Oftentimes the individual settlement in an MDL is far greater than you would receive in a class action lawsuit settlement, which is shared among thousands of Class Members.

A bellwether trial is the first case in an MDL, and is closely watched by both Plaintiffs and Defendants of the pending cases to see how it plays out. The result of the bellwether trial will indicate how the rest of the hip implant lawsuit may go, and allows both sides time to adjust their strategies and the Defendants the opportunity to settle cases out of court if they see that going to trial is not in their best interest. If the bellwether trials are favorable for Plaintiffs, the first DePuy ASR lawsuit settlements will likely be reached soon afterward.

The DePuy ASR hip replacement device was part of a massive 2010 recall after it was discovered the metal-on-metal devices have high early failure rates. More than 93,000 ASR metal hip implants were recalled, including the ASR XL Acetabular System and the ASR Hip Resurfacing System. Metal-on-Metal hip implants became popular about a decade ago when doctors thought they would outlast their ceramic and plastic counterparts. However, all-metal hip replacement systems have been linked to an excessively high premature failure rate, as well as to dangerous side effects caused by the metal parts grinding against each other and shedding metal shavings into the blood stream. Metal-on-Metal hip implant side effects such as metal poisoning, metallosis, tissue damage, pseudotumors and more have been reported in thousands of metal-on-metal hip implant lawsuits.  British researchers have even linked the metal shavings to an increased risk of cancer of the kidneys and bladder.

If you were implanted with a DePuy ASR or other metal-on-metal hip implant, you may be able to join the DePuy ASR lawsuit MDL or file a metal hip implant lawsuit against another manufacturer. A metal hip implant attorney can provide a free consultation about your legal options.

Go to the Metal-on-Metal Hip Implant Class Action Lawsuit Investigation page for more information about filing a metal-on-metal hip implant class action lawsuit, individual lawsuit, or joining the DePuy ASR lawsuit MDL. Hip implant lawyers are waiting to investigate all claims regarding metal hip implant side effects, including metallosis, tissue damage, pseudotumors, popping, and more. Metal hip implant lawyers affiliated with Top Class Actions don’t get paid unless you win or settle, and the initial consultation is free.