Hip disorders constitute as few of the most commonly diagnosed orthopedic problems. As such, the common treatment method is through a hip replacement surgery, where the damaged hip is ‘replaced’ with a metal hip implant, a unique kind of prosthetic device. Since 2003, DePuy Orthopaedics managed to fashion their own brand of implants, the ASR XL Acetabular System and the ASR Hip Resurfacing System. They unfortunately stopped the production of the ASR devices ever since the patients started complaining of how these malfunctioned and affected their lives. Since DePuy’s announcement of a product recall last August 2010, thousands of recipients already complained and threatened to press charges.
Unlike a class-action lawsuit, a multi-district litigation is a better option in pressing charges against DePuy. Recipients of the faulty implants may share the same feeling of being betrayed, fooled and outsmarted, but their individual circumstances will surely differ among one another’s. Thus, a multi-district litigation is a wiser alternative, especially because this can grant the plaintiffs equal access to all of DePuy’s pre-trial documents.
Meanwhile, the US Judicial Panel has chosen District Judge David A. Katz of Ohio to preside over the trial, after much argument among the parties. In fact, the Panel has actually faced a lot of motions pleading for the venue of the trial, such as in California, Illinois, Louisiana and even in Indiana, where the DePuy headquarters are situated. Finally, the Panel had decided to send all DePuy hip replacement
lawsuits to the Northern District of Ohio, asserting that the said state’s centralization will be convenient for all those involved in the proceeding, thereby promoting a fair and legitimate conduct of the MDL.
A big case such as this is certainly not an easy thing to manage, especially for the victims of the
DePuy hip recall. Ultimately, justice should be served on their behalf. Recipients of the defective hip implants from DePuy should consult hip recall lawyers.
