Tag: judge katz

DePuy Recall Law Suit Judge Enters First Case Management Order

new jersey philadelphia depuy hip recall lawyers Judge KatzAs 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.

DePuy Hip Recall News Update

As New Jersey and Philadelphia DePuy hip recall lawyers, we have been posting information regarding the DePuy hip recall and how it is affecting patients. If you are one of the 93,000 patients worldwide who were fitted with a DePuy ASR hip implant, hopefully you have been following these posts regarding the lawsuits.

DePuy Recall Multi-District Litigation

As we have posted, over 100 DePuy hip recall lawsuits filed around the country have now been consolidated in the United States Court for the Eastern District of Ohio and Toledo under MDL2197. U.S. District Judge, David A. Katz, has been assigned to handle all of these Federal Court DePuy hip recall claims.

new jersey philadelphia depuy hip recall lawyers claim updateAs a result, Judge Katz is responsible for coordinating all pretrial discovery and litigation concerning the nature of DePuy’s defective hip implant to promote judicial economy, prevent duplication of the same discovery in hundreds of cases, prevent the potential for hundreds of judges each individually ruling on the same issue, and to prevent inconsistent judicial rulings from these judges. The DePuy hip recall multi-district litigation (MDL) is a great way to streamline the DePuy hip recall litigation, conserve judicial resources, and save the parties money.

Although these DePuy hip recall lawsuits are consolidated under Judge Katz, each DePuy hip recall patient has his or her own individual case within the consolidated group case. If Judge Katz is unsuccessful in resolving any DePuy hip recall lawsuit before trial, that party’s case will eventually be sent back to where it was filed, and trial will proceed in that jurisdiction.

Thus far, the DePuy hip recall litigation consolidation has been effective. When Judge Katz was first assigned the DePuy case, there were only seven cases pending throughout the country. However, since the consolidation order, there have been over ninety-six DePuy hip recall lawsuits filed in over 34 different federal courtrooms. All of these DePuy hip recall cases are now consolidated under Judge Katz to be handled as is detailed above.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As New Jersey DePuy hip recall lawyers, we support the consolidation of any case filed in Federal Court. However, many New Jersey and Philadelphia DePuy hip recall lawyers prefer that these case be filed in State court and not be consolidated with the MDL being managed by Judge Katz. If you are a DePuy hip recall patient, you should contact the Mininno Law Office for a free case evaluation, and to determine which jurisdiction is better suited to your case. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Please check back as we will continue to post about the DePuy hip recall litigation and any other developments under Judge Katz.