Weighing Benefits of DePuy Class Action Lawsuit or MDL

A panel of judges has ordered that all federal lawsuits over problems with DePuy’s ASR and Pinnacle hip transplant models will be consolidated into an MDL, or multidistrict litigation, for pretrial proceedings in the Southern District of Illinois. Many people equate this with a DePuy class action, but each Depuy Hip Lawsuit will remain an individual claim and if a settlement is not agreed upon during pretrial litigation, each plaintiff will still have a jury will determine the amount of damages they are entitled to in their case. The difference between a DePuy MDL and a DePuy class action is that those in a class action, while still retaining the ability to have their trial based on the shared damages suffered, individuals lose some of their rights to a personal lawsuit.

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Shortly after the DePuy ASR Lawsuit was introduced in 2005, reports of complications and failures began to surface early after the implant. According to Adverse Event Reports received by the FDA, there were nearly 100 reports in 2007, over 200 in 2008 and over 300 in 2009. The vast majority of these reports (over 90% of those reported in 2009) involved the need for a DePuy hip revision surgery after a DePuy ASR hip replacement.

In August 2010, a DePuy ASR hip recall was issued for approximately 93,000 defective implants after data confirmed that the device has an unreasonably high rate of hip failure, often requiring individuals to undergo a second surgery to revise the original hip replacement.

Adverse event reports received by the FDA increased sharply between 2006 and 2009, with nearly 100 reports in 2007, over 200 in 2008 and over 300 in 2009. Most of the DePuy ASR complications involve situations where individuals require additional surgery to replace the defective hip implants. As of yet, no recall has been made for DePuy’s Pinnacle hip model. The current ASR litigation is seeking compensation for damages associated for post-surgery monitoring and tests for all patients who have received the ASR hip, regardless of whether or not they report any harmful side effects. DePuy MDLs established in Northern Texas and the Northern District of Ohio are currently proceeding with pretrial hearings.