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Hearing For MDL Ruling Over DePuy Hip Replacement Lawsuits To Take Place
Posted on July 1, 2011 by Los Angeles Criminal Defense Lawyer Site
Concerned parties for the DePuy hip recall mass litigation are preparing themselves for a hearing scheduled this November 18. A move to centralize and condense the multiple lawsuits filed against the orthopedic manufacturer will be decided upon by a panel of seven federal judges known as the Judicial Panel. The Panel will meet at Duke School of Law situated in Durham, North Carolina and will give approval for a Multidistrict Litigation (MDL) as they see fit.
DePuy Orthopaedics manufactured two hip replacement devices known as the ASR XL Acetabular System and the ASR Hip Resurfacing System. In a British study, these implants were found to have a 12 percent failure rate, a rate alarmingly high than the industry average of 5 percent. The implication being, 1 of 8 recipients of the ASR units would need revision surgery within 5 years. Reports of swelling, pain and stiffness were noted.
Recipients overseas hearing about the DePuy hip replacement recall have also surfaced to claim compensation for damages brought about by the DePuy hip implants. This case has gone global as the DePuy hip implants were also sold in Australia, UK and Ireland. Globally, approximately 93,000 hip devices were recalled. In the United States alone, hundreds of lawsuits have already been filed.
The decision to choose what district the case’s jurisdiction falls under would be made once the MDL is approved by the Panel. Currently, some districts that are covered by the lawsuit include the District of New Jersey, the Central District of California, and the Northern District of Illinois. There has been a suggestion that the case would be put under Judge Susan D. Wigenton in the District of new Jersey but DePuy claims it to be unsuitable since Judge Wigenton is also looking over a similar case with Zimmer Holding, Inc. They suggested to transfer it either to the District of Ohio or the Northern District of Indiana instead for it to be nearer their headquarters situated in Warsaw, Indiana.
An estimated total of 4,000 lawsuits are expected by legal experts to be filed as more hip recall victims are coming forth. If you are one of those who has had a DePuy ASR implanted, have yourself evaluated by your doctor. He could specify if anything is amiss with your implant. There are a lot of options a hip recall recipient is entitled to take and a hip replacement lawyer can help you discuss them.
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