As expected, the panel of judges ruled that federal court DePuy ASR hip recall lawsuits will be consolidated in an MDL. In other words, the DePuy lawsuits will all be put into a pseudo class action for joint discovery. The cases will be handled in a federal court in Ohio.
So, for now, if a lawyer files a DePuy lawsuit in Florida, California or any state in federal court, it will get transferred to Ohio. Given the high rate of failure, this could mean thousands of DePuy lawsuits will be consolidated together in Ohio. This sounds like a lot of lawsuits but do the math. There were over 40,000 hip replacements in the United States using DePuy components. More than 10% of these implants failed. If just half of the DePuy recall victims come forward, you have two thousand cases.
DePuy is based in Indiana so there may also be a volume of state court claims filed in Indiana for DePuy plaintiffs who, for whatever reason, want to steer clear of the federal court proceedings.
I think there is a high level of confidence that either before or at the end of the MDL process, there will be a DePuy hip replacement settlement. Why? These lawsuits involve a company that has almost fallen on its own sword. DePuy has not admitted negligence but there does not seem to be a lot of argument, even from DePuy, that these hip replacements were not defective. Moreover, there should not be a lot of causation problems. If your hip replacement failed, it failed. It is an objective injury that both plaintiffs’ lawyers and DePuy can get their minds around. Am I saying a DePuy settlement is imminent? No. Do I think these DePuy hip replacement lawsuits settle faster than you would see in a typical mass tort case? Yes.
If you believe you may have a potential DePuy ASR hip replacement lawsuit, our lawyers are investigating these claims.
Call 800-553-8082 or get a free online consultation.