DePuy Hip Replacement Lawsuit Stays Out of Federal Court
Not all DePuy lawsuits are in federal court; moreover, some hip replacement lawyers don’t want them to be. That’s the lesson recipients of the ASR XL Acetabular System or the ASR Hip Resurfacing System should take from a recent ruling that came down from the federal District Court for the Eastern District of Wisconsin.
With the help of her hip replacement lawyer, Letitia Malkmus filed her hip replacement lawsuit in Wisconsin state court. Her adversary, DePuy Orthopaedics, moved the state court to consolidate her case with the growing numbers in multidistrict litigation (MDL) in the federal District Court for the Northern District of Ohio before District Judge David Katz. MDL is designed to provide some of the efficiency of a class action hip replacement lawsuit while allowing plaintiffs to maintain their individual lawsuits because the severity of their damages may differ. Once in federal court, Ms. Malkmus filed a motion to send her case back to state court. She believes state court will be quicker than MDL. Surprisingly, despite DePuy’s objections, she won, and now her case will proceed to trial in Wisconsin.
Why the federal court ruled as it did is not yet known, for there is no explanation readily available as to why her case belonged in state court. Assumedly, Ms. Malkmus’s case differed from the ones in MDL in some way to prevent consolidation. While we won’t speculate, most DePuy hip replacement lawsuits will likely end up in MDL regardless of the plaintiffs’ wishes. Others, however, may avoid MDL. Those considering filing hip replacement lawsuits should consider both options. Lawyers advising their clients to keep their cases in state court may be doing so for their own interests and not their clients’. They may also not be experienced with federal courts.
If you received one of DePuy’s defective hip replacements, you have legal rights worth compensation. The Rottenstein Law Group is providing free, confidential legal consultations to people like you. All you have to do is “>click on this link or complete our contact form to the right.
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