DePuy Hip Recall Trial Update, Including Upcoming Bellwether Cases
The lawsuit of Strum v. DePuy Orthpaedics is the second DePuy ASR hip implant case to commence trial. It began last month in Illinois state court in Chicago. Mrs. Strum is a 54 year old resident of Illinois, who implanted with a defective ASR. As a result of her defectively designed ASR hip implant, Mrs. Strum charges that she has suffered from metallosis, the exposure to toxic levels of metal ions.
According to her attorneys in opening statements, Mrs. Strum’s metal ion levels were 45 times higher than the levels considered acceptable in the medical community. For these injuries, Mrs. Strum required a revision surgery less than three years after the date of her initial implant.
There are two bellwether cases set for trial in May and June 2013 in the DePuy ASR Multi-District Litigation in the federal court in Ohio. [May 2013 update: there is now one bellwether case set for trial in September 2013.]
A bellwether case is one selected by the parties and the court as typical of the litigation and therefore useful in allowing the parties to test their arguments, with the goal of moving the overall litigation towards resolution.
Lieff Cabraser is working on issues related to the regulatory oversight of the DePuy ASR hip for the MDL bellwether trials. Plaintiffs charge that DePuy should have undertaken clinical studies on the safety and effectiveness of the ASR hip implant prior to marketing the ASR for sale.
April 26, 2012 Update
The first MDL DePuy ASR hip implant trials are now scheduled to commence in June and July 2013.