DePuy hip implant recall: “Class Action or MDL?”

In August 2010, DePuy Orthopaedic, Inc., recalled the ASR XL Acetabular and Hip Resurfacing Systems due to a high revision rate. This recall affects approximately 90,000 patients. Unlike recent recalls of floor mats from Toyota Motor Corporation or aquarium heaters, the recall of a hip implant is very personal and affects the quality of life of thousands of people.

The question raised by many since this is a recall by a major corporation affecting a large number of people, “Is there a class action lawsuit pending by the DePuy hip implant recall victims?”
seattle depuy hip recall lawyer
The injuries suffered by victims of the faulty hip implant are very personal and vary widely from patient-to-patient. Damage claims are based on whether the patient suffered from metallosis, had an active lifestyle or had an especially bad outcome requiring a leg amputation. Therefore, civil litigation regarding the DePuy hip implants is not suitable for a class action.

Instead, the United States uses a Multi-District Litigation (MDL) procedure in federal court cases where victims have common claims. MDLs are ordered by a panel of federal court judges when a collection of personal injury cases have common theories of liability and the same defendants, in this case DePuy Orthopaedics.

MDL 2197 in the Northern District of Ohio presided by Judge Katz operates for the discovery portion of the cases. The MDL allows for all the discovery to run efficiently since the discovery is based upon the same basic set of facts. The description of the MDL follows:

The actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device, the ASR Hip Resurfacing System, in August 2010.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have a recalled DePuy hip implant and we will work hard to ensure your rights are protected. Our firm founder, Herb Farber, is passionate about representing clients with the recalled DePuy hip implant because he is hip implant patient himself. Read his story here.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

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