Multidistrict Litigation Being Considered for DePuy Hip Replacement Recall Lawsuits
(New York, November 11, 2010) A Judicial Panel on Multidistrict Litigation will convene on November 18, 2010 at Duke University Law School in Durham, North Carolina to hear arguments on whether Multidistrict Litigation (MDL) will be appropriate for the DePuy hip replacement recall lawsuits. Mass tort cases such as these are often consolidated into one centralized court location in order to speed up the process of pre-trial litigation.
DePuy Orthopaedics issued a recall in August 2010, of 93,000 of its ASR XL Acetabular Systems and ASR Hip Resurfacing Systems, after data received from the National Joint Registry in England and Wales showed that 1 in 8 ASR recipients experienced problems within 5 years of implantation of the device. Various side effects manifest themselves, and often a second hip surgery is required. Complaints filed by plaintiffs have alleged the DePuy devices are defective, and were not adequately tested. Additionally, plaintiffs allege that DePuy did not promptly recall these devices upon learning about the higher than normal failure rate.
The Panel on Multidistrict Litigation will begin hearing arguments from both sides on the viability of MDL. If approved, the Panel will decide which federal court the cases will be heard in, based on suggestions from plaintiffs. DePuy does not oppose MDL, but would prefer the cases be heard at a court location near its headquarters in Warsaw, Indiana. Hundreds of DePuy hip replacement lawsuits have already been filed in the U.S., with the number expected to reach 4,000 or more.
The Rottenstein Law Group is representing numerous plaintiffs and is advising individuals who have undergone hip replacement surgery since July 2003 to speak to their surgeons to find out which device was used in their procedures. Rochelle Rottenstein, principal of the Rottenstein Law Group, advises recipients of a recalled DePuy ASR device to speak to a hip recall lawyer as soon as possible. For more information, visit the Rottenstein Law Groupís DePuy hip replacement lawsuit Web site at www.depuyhipreplacementlawsuit.com.
About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action lawsuits. For more information, please visit www.rotlaw.com.
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