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.
On the day of her daughter Cassie’s birth, Dr. Lisa Yang and her colleagues administered drugs and forced the kind of birth deemed nearly impossible early on in Heather’s pregnancy. The drugs administered were supposed to assist the uterus in contracting, and eventually the baby would be expelled. However, because of her mother’s condition, and because of Cassie’s size, which the doctors failed to consider, Cassie’s head became stuck. 
For years, the FDA has permitted a regulatory loophole under FDA 510(k) which permits the release of new medical devices like the DePuy hip implant, Zimmer NexGen knee implant, and other medical devices, to be placed onto the market without first receiving a comprehensive review by the FDA. How? Because this loophole permits implant manufacturers, like DePuy, to obtain FDA approval if a medical device manufacturer shows that its device is “substantially equivalent” in safety and effectiveness to another FDA approved device.
Dr. Stephen Serlin was summoned at 5am on February 24th, 1993 to perform an emergency C-section for Marlayna’s mother, Dawn Kineke. He did not arrive at the hospital until 7am, and the procedure didn’t begin until 8:14am. In that time, Marlayna suffered fetal asphyxia from umbilical cord compression within the womb, which caused cerebral palsy and a host of additional developmental issues.
In fact, some hip replacement surgeons have argued that hip implant and joint replacement surgery is one of the most important surgical advances over the last century. Because of its popularity, and potential profitability, hip manufacturers such as DePuy, Johnson & Johnson, Zimmer, and others have been competing to capture this potentially lucrative market. Unfortunately, as has been suggested with DePuy, sometimes manufacturers are in such a rush to roll out a “new and improved” implant device, they fail to properly test whether the hip, knee, or other joint implant is better than those that already existed on the market.
The Lincoln Specialty Care Center has had 2 routine inspections between November 2008 and October 2010. During this time period, the facility had 57 cited deficiencies. At an average of 25 deficiencies per visit, the Lincoln Specialty Care Center acquired almost double the amount of citations that some of the other troublesome nursing homes we’ve discussed have acquired.
Martin Chieng Were, M.D., M.S., a Regenstrief Institute investigator and assistant professor of medicine at the Indiana University School of Medicine, has received a $420,000 award from the Harold Amos Medical Faculty Development Program of the 
Silver Care Health Center has had two routine inspections in the two year period from November 2008 through October 2010. During those two routine inspections, the Silver Care Health Care Center was cited for 31 deficiencies. The Silver Care nursing home was cited for numerous violations, i.e. life safety code standard violations, housekeeping, drug regimen not being free of unnecessary drugs, and life safety from fire issues. A number of these deficiencies were considered widespread and able to cause more than minimal harm. 
The report provided by the agents that raided the clinic last February described the clinic as smelly and squalid. It noted pools of blood on the floor, a urine stench, and cat feces on the stairs the day they arrived. Women were semiconscious and moaning, sitting on dirty recliners with blood-stained blankets. 
The Kresson View Center had two routine inspections and 13 complaint inspections in the two year period from November 2008 through October 2010. The Kresson View nursing home was cited for a variety of deficiencies. These included the prevention and treatment of bed sores, medication errors of 5% or more, hazard and accident issues, and not being free from abuse/involuntary seclusion. The bed sore citation, although found to be isolated in nature, did show potential for more than minimal harm. The other above mentioned violations were found to occur in pattersn, and also showed the potential for more than minimal harm.