As a DePuy hip recall attorney, we had been providing posts that update the status of the pending Federal court DePuy recall lawsuits.
As we previously posted, the federal litigation has been designated a “Multi-District Litigation,” or MDL 2197, and has been venued in the United States District Court for the Northern District of Ohio under Judge David Katz. This consolidation only applies to DePuy claims that were filed in federal court and not to the DePuy hip claims that were filed in State Courts. Judge Katz has ordered the consolidation of these federal claims because, quote:
“the actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device, the ASR Hip Resurfacing System in August 2010.”
As his first Order of business, Judge Katz entered DePuy case management Order No. 1, and made it clear that this MDL was created to consolidate the DePuy hip recall litigation,
“. . . for pretrial purposes only. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which that party has not been named, served, or added in accordance with the Federal Rules of Civil Procedure.”
Also, in case management Order No. 1, Judge Katz further ordered DePuy and Johnson & Johnson, as well as the DePuy recall victims to “take reasonable steps to preserve documents and other records, including electronic documents, containing information potentially relevant to the subject matter of this litigation.”
Below is a copy of the actual order entered by Judge David Katz:
Therefore, it appears that Judge Katz is taking the initial steps to ensure a proper and orderly pretrial process for the DePuy hip recall lawsuits. In addition, it is clear that Judge Katz is ensuring that DePuy and Johnson & Johnson preserve any and all evidence which may shed light on the nature of the product defects and DePuy’s failure to warn patients who are now involved in pending claims against DePuy. As the case proceeds, Judge Katz is expected to enter further DePuy hip lawsuit management orders over the next couple of months and, as DePuy Hip Recall attorneys, we will continue to provide any potential claimants with updated information as it is made available to us.
DePuy Hip Recall Attorneys in New Jersey and Philadelphia
If you are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the Mininno Law Office work to earn you the full and fair compensation that you need and deserve.