Depuy Lawsuits Progressing

At a conference on February 8 before United States District Judge David Katz, before whom all lawsuits stemming from the recall of DePuy’s ASR hip implants have been consolidated, lawyers for the defendants-DePuy and its parent company, Johnson and Johnson-and lawyers for the numerous plaintiffs addressed the issue of ownership of faulty devices removed from […]

At a conference on February 8 before United States District Judge David Katz, before whom all lawsuits stemming from the recall of DePuy’s ASR hip implants have been consolidated, lawyers for the defendants-DePuy and its parent company, Johnson and Johnson-and lawyers for the numerous plaintiffs addressed the issue of ownership of faulty devices removed from victims in “revision” procedures. J&J’s lawyer told the court that the defendants “are committed to working out a protocol that both sides will agree to,” according to an article published February 9 at Bloomberg.com.

A DePuy spokesperson quoted by Bloomberg acknowledged that an explant belongs to the patient and “the patient’s s surgeon should take appropriate steps” to preserve it.

Further, J&J’s lawyer reportedly represented to Judge Katz that patients who communicate with Broadspire Services, Inc., a third-party claims administrator hired by DePuy, will not waive any legal rights. Lawyers for plaintiffs, nonetheless advise clients against communicating with a representative of Broadspire, DePuy, or J&J for fear that any candid communication might be used as a harmful admission in any court proceeding.

The DePuy ASR cases, which currently number in the hundreds, have been consolidated in the United States District Court for the Northern District of Ohio, as In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products (no. 1:10 md 2197).

Hundreds of lawsuits have to date been filed in the United States, and in early December of last year, the United States Judicial Panel on Multidistrict Litigation approved the DePuy ASR litigation for consolidated pretrial proceedings. DePuy recalled its ASR devices globally after data showed that, within five years, about 12% of recipients of the hip resurfacing system and about 13% of recipients of the acetabular system needed corrective surgery.

Those affected by the hip replacement recall are encouraged to seek legal counsel before undergoing any revision surgery, to discuss the preservation of all evidence, including any explanted device.

 

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