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