The DePuy Orthopaedics Inc.’s strategy of funneling ASR hip recall cases through what is called Multi-District Litigation (MDL) took a stumble after two US district judges allowed four plaintiffs to keep their cases out of the MDL last July.  Just weeks after a Wisconsin judge ruled to put the case of Malkmus v. DePuy Orthopaedics, Inc., et al, in the U.S. District Court for the Eastern District of Wisconsin out of the MDL, a judge in the U.S. District Court in Nevada made a similar ruling for three plaintiffs to keep their cases out of a complicated and slow moving federal court process known as an “MDL”. The DePuy hip replacement recall spawns thousands of complaints even with the growing number of lawsuits filed against the medical device manufacturer.

 Attorneys of the DePuy ASR Hip Recall Law Firm Alliance consider both judges’ rulings as a legal victory for ASR hip replacement implant victims.   Proceedings in an MDL are complicated and typically take much longer than litigation in state court, said the Alliance.   Brian Franciskato of the DePuy ASR Hip Recall Law Firm Alliance said that the DePuy’s dogged efforts to keep these cases in the MDL shows that DePuy feels that they have a better legal standing in the MDL venue than in state court.     
A worldwide recall of two of its hip replacement systems, the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing Platform, was announced by DePuy, a division of Johnson & Johnson, approximately a year ago.  A data was released from a study by the National Joint Registry (NJR) of England and Wales that indicated the five-year failure rate of the ASR was approximately 13 percent, or one in every eight patients receiving the hip implant, according to DePuy’s website, before the recall was announced.   In early December, many of the lawsuits that followed the recall were consolidated into an MDL, a legal procedure that will streamline a messy set of circumstances.
 DePuy expressly denies that the ASR devices are faulty in any manner according to their response to a Neveda lawsuit despite a worldwide recall of the ASR hip replacement.  “These victims have clearly gone through tremendous pain as a direct result of the defective ASR hip implants, and prolonging the litigation by herding their cases into the MDL only prolongs their pain,” according to Franciskato, adding that “Our clients would have to strongly disagree with that claim.”
DePuy’s hip replacement recall has not stopped complaints from rolling in with more than 350 cases filed in an Ohio court this month alone, all of them directly tied to a case undergoing pre-trial proceedings in the Northern District of Ohio.  The complaints received by the US Food and Drug Administration (FDA) on hip replacement have numbered to 5,000 for this year alone and DePuy accounts for 75 percent of those complaints.    



Leave a Reply