Thursday, May 9, 2013

Second Bellwether Trial pushed back to September

For over 10,000 DePuy ASR lawsuits that were filed, so far two lawsuits were already decided.  The first one filed by Loren Kransky, in which the jury favored plaintiff and made Johnson & Johnson pay some $8.35 million for damages. Following Kransky’s case, a second DePuy ASR trial was set, deliberated and declared its verdict. Surprisingly, this time jury made a different decision. Johnson & Johnson was vindicated and shift its blame to the Food and Drug Administration. The twist was determined when defendant argued that FDA did a preliminary review and passed before they made the device available for public use.

Since state cases were consolidated into one proceeding, there are already two federal cases that were scheduled to commence. The second federal DePuy ASR trial was reportedly being pushed back to September this year. This has been the second pushed back order made by Judge David Katz under MDL. The first order was issued for Faye-Dorney Madgitz, postponing the start date from May 6 to June 3, 2013. The order was issued just three days after Judge David Katz postponed the start date of the Faye-Dorney Madgitz’s case.

Along with the pushed back order, Judge David Katz also set a deadline for both parties to disclose their witnesses that they will be facing before court. The deadline that was given to the parties (McCracken v. DePuy Orthopaedics, Case No.: 1:11-dp-20485 will be on early August of this year.

People are now anxious on what’s going to be the verdict of the first federal case because the decision may play a big factor for the succeeding federal DePuy ASR trials.

DePuy ASR Lawsuit Update: Rottenstein Law Group Comments on Delay of Second Federal Trial

(PRWEB) May 08, 2013

A federal judge recently issued an order postponing the second federal DePuy ASR bellwether trial from July to September, according to court documents. The Rottenstein Law Group, which offers information about the ASR hip implant and provides news updates on the product at, offers insight into what this means for those looking to file DePuy lawsuits.

Judge David Katz issued the order on April 22, three days after the first ASR bellwether trial was pushed back from May to June, according to court documents in MDL-2197, U.S. District Court for the Northern District of Ohio.

“Delays can happen,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “This does not mean that those who seek to file hip implant lawsuits should be concerned about retaining an attorney for alleged harms such as metal poisoning, pain and discomfort. Every victim can have his or her day in court if he or she wants it."

Read full story at DePuy ASR Lawsuit Update: Rottenstein Law Group Comments on Delay of Second Federal Trial

Monday, April 22, 2013

FDA Assessment of DePuy ASR MIght Have Swayed Chicago Jurors

The second DePuy case filed by Ms. Carol Strum is seeking $5 million in compensatory damages from Johnson & Johnson, including injuries allegedly caused by the DePuy ASR hip implant since 2009.

Carol Strum’s case has been deliberated and verdict is in favor with Johnson & Johnson and DePuy Orthopaedics. In contrast with the first DePuy case in which the jury awarded the plaintiff  some $8.35 million for damages, the outcome of the second trial brought confusion into why juries have two different decisions. Both Kransky and Strum’s counsel presented before court that Johnson & Johnson and its subsidiary were aware of the DePuy ASR metal-on-metal hip implant’s failure rate.

But, unlike the California case, Judge Deborah Mary Dooling, who administered Strum’s case, she allowed Johnson & Johnson and Depuy Inc to use the preliminary review conducted by FDA in its defense. The preliminary review conducted by the Food and Drug Administration or FDA is an assessment whether device is good to be used in such surgeries. Although FDA asserted that it’s not a safety review, still court Judge Dooling accepted it as a counterargument by the complained parties.

Jury then based their decision by the evidence presented by Johnson & Johnson in which the ASR implant had passed FDA’s preliminary review; this took a big twist in the determination of the case. Thus, it influenced the jurors to shift the accusation from Johnson & Johnson to the Food and Drug Administration.

Therefore, this new argument may affect and can be a major factor for the following DePuy ASR trials.

Check this medical device injury lawsuit site for more news and updates on injury lawsuits.