Rottenstein Law Group Notes Common Benefit Order in DePuy ASR Multidistrict Litigation
(New York, NY, December 6, 2011) The Rottenstein Law Group, which represents clients with claims of harm stemming from the recall of defective hip replacement devices manufactured and sold by DePuy Orthopaedics, has considered with interest the latest order of the DePuy multidistrict litigation (MDL) court.
By order dated November 28, 2011, Judge David Katz of the United States District Court for the Northern District of Ohio approved an arrangement “to provide for the fair and equitable sharing among plaintiffs, and their counsel, of the burden of services performed and expenses incurred by attorneys acting for the common benefit of all plaintiffs in this complex litigation.” That is, to create a “common benefit fund” to compensate certain plaintiffs’ lawyers for work performed that helps all of the plaintiffs in the MDL over DePuy’s ASR hip replacement devices, In Re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation, no. 1:10-md-2197.
Explained in plain language, the order provides that each monetary recovery obtained by a claimant either as a result of settlement or after trail of his or her DePuy ASR case is subject to an “assessment” on the gross amount. The assessment will be three percent for “common benefit attorneys’ fees” plus one percent for costs. It will be the responsibility of the defendants and their counsel to withhold the assessment and to pay it directly to the court. The court will not approve any settlement without proof that the appropriate assessment fees have been paid.
In August 2010, DePuy announced a global recall of two of its hip replacement devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. The units replace a worn or weakened part of the hip. Many orthopedists believe the units were poorly designed. The implants can generate debris from wear, causing pain, swelling and tissue damage in recipients. 93,000 persons worldwide were implanted with the ASR devices before they were recalled.
DePuy, a division of Johnson and Johnson, recalled the ASR devices internationally after the National Joint Registry of England and Wales went public with data showing that about 12 percent of recipients of the hip resurfacing system and about 13 percent of recipients of the acetabular system needed revision surgery within 5 years of initial implantation.
The Rottenstein Law Group is advising anyone with a friend or relative who has undergone a hip replacement procedure to reach out to that person and recommend that he or she consult a physician immediately and then speak to a qualified personal injury lawyer. The Rottenstein Law Group lawyers have a total of more than 25 years of experience fighting for the rights of clients who have suffered harm due to the negligence of powerful corporations. Affected individuals can also stay apprised of the latest developments in the DePuy situation by visiting the DePuy ASR Hip Replacement Lawsuit Information Center. The site is equipped with easy-to-use social media features which will enable users to spread the word about DePuy ASR hip replacement device failures.
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 law suits. For more information, please visit their Web site, or call (888) 9-ROT-LAW.
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