In
previous news regarding the status of the ongoing lawsuits filed
against DePuy Orthopaedics for manufacturing the defective ASR XL
Acetabular System and ASR Hip Resurfacing System, a Multidistrict
Litigation or MDL was proposed. A hearing was scheduled on November
18 of this year to hear five motions that petitions to consolidate the cases under one federal judge. The hearing took place in
Durham, North Carolina.
During
the hearing, the five plaintiffs, most of which were class action
groups, and DePuy contradicted as to what federal district court the
MDL should take place in. Some plaintiffs wanted the consolidation to
occur in Chicago because that was were they lived. Others preferred
New Orleans due to its geographic centrality, a number wanted to have
it proceed in northern California where designers of the ASRs work.
DePuy however, favors Warsaw, Indiana because that's where the
company's headquarters is located.
Last
week, the Judicial Panel on Multidistrict Litigation finally decided
to appoint the cases to the Northern District Court judge, Judge
David A. Katz. The Panel expressed their support for the judge
stating that Judge Katz is an experienced transferee judge.
The
Panel also justified their decision in a couple of reasons saying
that first, there were no current lawsuits coming from that location.
Secondly, they expressed that, “Centralization…in
the Northern District of Ohio will serve the convenience of parties
and witnesses and promote the just and efficient conduct of the
litigation.” Third, “Centralization…will
eliminate duplicative discovery, prevent inconsistent pretrial
rulings on discovery and other issues, and conserve the resources of
the parties, their counsel and the judiciary,” says
the Panel. Consolidation of these cases aims to acquire efficient
pretrial rulings and gain manageable access to discovery.
Information
about the ongoing case against the orthopedic manufacturer is readily
available at the DePuy hip replacement lawsuit site. If you
are one of the recipients of the recalled ASR products, it is best to
consult with a lawyer to discuss your legal options in recovering
compensation for your losses.