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Defense, Other Plaintiffs Propose Alternate Venues for DePuy ASR Hip Implant Litigation

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We have some more news to report about efforts to have DePuy ASR hip implant lawsuits consolidated in one federal court. It seems that attorneys for plaintiffs and DePuy Orthopaedics are not in agreement as to where those lawsuits should be consolidated. The Judicial Panel on Multidistrict Litigation is expected to hear oral arguments on the matter on November 18, when it convenes at Duke University in South Carolina. Last month, some plaintiffs’ attorneys petitioned the Judicial Panel on Multidistrict Litigation to consolidate

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federal DePuy ASR hip implant lawsuits in the U.S. District Court for the District of New Jersey before Judge Susan D. Wigenton. But in its response to that motion, DePuy says the selection of Judge Wigenton would be inappropriate because she is already overseeing litigation involving another hip implant, the Zimmer Durom Cup. DePuy maintains that could cause confusion and unintended prejudice to all parties. Instead, DePuy wants ASR hip implant lawsuits consolidated in either the Northern District of Indiana at South Bend or the Northern District of Ohio at Toledo; both of which are near DePuy’s Warsaw, Indiana, headquarters. Some plaintiffs’ attorneys are also pushing to have the lawsuits consolidated elsewhere, including the Central District of California and the Northern District of Illinois. Johnson & Johnson announced the recall of the DePuy ASR Hip Implant system in August, after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the recalled devices had to undergo revision surgery within five years of receiving it. The DePuy hip replacement recall involved the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur. Only the ASR XL Acetabular System was approved for use in the US. DePuy ASR hip implant lawsuits allege that the company failed to adequately test the hip implant and failed to immediately issue a recall when it became apparent that users were experiencing a higher-than-expected failure rate. DePuy was already phasing out the ASR hip implant system when it finally acknowledged in March 2010 that the device was prone to early failure. By that time, the US Food & Drug Administration (FDA) had received hundreds of reports describing premature failure of the DePuy ASR hip implant system. Still, it would be months before the DePuy ASR hip implant system was finally recalled. By the time the recall was issued, about 93,000 people around the world received one of the recalled hip replacements.

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