DePuy Hip Recall Lawyers to Meet on Eve of MDL Hearing

As a growing number of lawsuits are being filed in response to a DePuy hip recall issued in August for thousands of defective metal hip implants, lawyers representing individuals throughout the United States are planning to meet to discuss issues that are likely to arise in the DePuy ASR hip litigation.

DePuy Orthopaedics recalled approximately 93,000 ASR XL Acetabular System and ASR Hip Resurfacing System implants in August, after disclosing that new data confirms about one out of every eight people who received the DePuy metal-on-metal hip implant are experiencing problems within five years. However, many fear that the true failure rate with DePuy ASR hip implants will be substantially higher as individuals have their artificial hips examined following the recall.

While a handful of DePuy ASR hip lawsuits were filed prior to the recall, the litigation has increased dramatically in recent weeks as more and more hip patients learn about the recall and hire a DePuy hip recall lawyer to represent them.

The U.S. Judicial Panel on Multidistrict Litigation is expected to schedule oral arguments on a motion to centralize all federal DePuy ASR recall lawsuits before one judge for pretrial proceedings for November 18. At that time, the MDL Panel will hear from plaintiffs’ attorneys and lawyers for DePuy about whether the cases should be coordinated as part of an MDL, and which judge should be assigned to preside over the DePuy recall lawsuits.

On the eve of the MDL hearing, a group of plaintiffs’ lawyers have scheduled a conference to meet and discuss the litigation. On November 17, the attorneys are planning to meet for a conference that will include sessions discussing the problems with DePuy ASR hip implants, litigation strategies, preservation of evidence and issues that are likely to be encountered while working toward a DePuy hip recall settlement.

The DePuy ASR is a metal-on-metal hip replacement system developed in 2005. Health care professionals have increasingly been warning about problems with metal-on-metal hip implants, which can shed metal particles into the body. The particles can damage soft tissue, cause inflammatory reactions and lead to bone loss. The DePuy ASR hip failures appear to be linked to a defective design of the acetabular cup, which is shallower than acetabular cups made by other companies, making it prone to problems.

While DePuy has suggested that they will consider reimbursement for certain out-of-pocket expenses incurred as a result of the hip recall, lawyers have expressed concern about some deceptive practices by the orthopedic device maker, which may convince individuals to sign over important legal rights before they consult with an attorney.

DePuy has asked doctors to get their patients to sign medical releases allowing them to obtain certain information directly from the doctor and directing the doctor to turn over removed DePuy ASR hip implants to the manufacturer. However, lawyers recommend that any individuals who may have received one of the defective hip implants consult with a DePuy ASR hip replacement attorney before signing away important legal rights.