A hearing is scheduled for November 18, 2010 at Duke University School of Law regarding the DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation (MDL 2197).
The hearing is scheduled by the United States Judicial Panel on Multidistrict Litigation, also known as the MDL Panel. This panel was created by an Act of Congress in 1968 (28 U.S.C. section 1407).
The MDL Panel’s job is : “to determine whether civil actions pending in different federal districts involve one or more common questions of fact such that that actions should be transferred to one federal district for coordinated or consolidated pretrial proceedings; and select the judge or judges and court assigned to conduct such proceedings.”
The process helps avoid duplication of discovery and inconsistent pretrial rulings. It also helps conserve resources of the parties, judiciary and attorneys.
Who sits on the MDL Panel? The panel includes seven sitting federal judges. They are appointed to serve on the panel by the Chief Justice of the United States.
In August of 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson recalled two versions of the company’s ASR model artificial hip implant. The recall includes DePuy’s ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. Patients have been complaining for several years now regarding these hip implants. They were having pain, swelling, and problems walking after several months of recovery from hip surgery.
In petitions filed on behalf of the Defendants in The DePuy Hip Implant Recall MDL-2197, the Defendants did not object to the formulation and creation of the case consolidation program. The suggested places for this MDL 2197 by both sides are currently New Jersey, Ohio and Illinois. As this is the case, it is very likely an MDL will be created for the DePuy MDL. As more information becomes available about this mass tort and litigation we will try to update it here.
If you or a loved one has received the DePuy ASR XL Acetabular System or DePuy ASR Hip Resurfacing System and have experienced some type of hip pain, additional hip surgery, some type of failure with your hip replacement, or you have concerns about your DePuy ASR hip implant, you may want to contact our attorneys for a free case evaluation and consultation. Our experienced team of injury lawyers will work closely with you and see to it that you are compensated for your injuries and your rights are adequately protected.