A motion has been filed with the U.S. Judicial Panel on Multidistrict Litigation to consolidate and centralize all federal DePuy ASR hip recall lawsuits in one court for coordinated pretrial proceedings. Earlier this month, a motion was filed in California that would consolidate all of the DePuy lawsuits into one class action.
I used the phrase “DePuy class action” which, technically, is not correct. The cases would actually be what is called an MDL where all of the DePuy cases are consolidated for common issues of discovery which would include depositions, interrogatories, and other discovery on core issues that are common to all DePuy hip recall plaintiffs. But it is not a class action lawsuit in the purest sense of the term because with a few exceptions, the cases do not resolve in a single class action trial but instead are sent back to their original jurisdictions as individual lawsuits after the discovery phases are completed. The exceptions to the “all the cases get sent back” rule is that, quite often, the MDL judge will preside over a few bellwether trials that are tried to verdict, giving both parties a chance to better understand the settlement value of the cases. Usually in these types of cases – particularly in a case like this where there is a recall – the vast majority of the cases reach a settlement without a trial before or shortly after the MDL process is completed.
DePuy has recalled its ASR metal-on-metal hip replacement system because they have a high failure rate. Plaintiffs’ lawsuits allege that the DePuy ASR hip replacement system had a design defect that made it difficult to properly implant the DePuy hip replacement compared to other ASR cups. Why? Plaintiffs’ DePuy hip replacement lawyers (and a good number of orthopedic doctors) believe that the DePuy ASR cups were designed too shallow. As a result of this defect, it may be that over 12% of the 93,000 DePuy ASR hip replacements that have been implanted may fail within five years. Obviously, you have real problems if you need a hip replacement in the first place. A failed hip replacement adds further suffering to a patient who has already suffered a great deal, often requiring additional hip surgery to replace the artificial hip.
If you have a defective DePuy hip replacement subject to this recall and want more information on the DePuy class action lawsuit, call 800-553-8082 or get a free on-line case evaluation.