U.S. District Court Judge David A. Katz recently issued an order delaying the first bellwether trial scheduled against the manufacturer of the DePuy ASR metal-on-metal hip implant. The order cited issues with pretrial discovery as being the cause of the delay. Specifically, Judge Katz stated that the parties are experiencing difficulty in getting expert witnessed scheduled. This difficulty was exacerbated because the trial, initiated by Plaintiff Ann McCracken, has already been delayed once to allow for more time to complete the discovery process.
A new trial date is expected to be scheduled within 90 days of the issuance of the order.
This bellwether trial is just one of more than 8,200 lawsuits facing the manufacturer of the DePuy ASR metal-on-metal hip implant consolidated in the multi-district litigation. Often cases involving the same defendant with similar claims are consolidated into such multi-district litigation in order to avoid duplicative discovery proceedings and inconsistent rulings. Bellwether trials are often chosen to be indicative of the overall trend of the litigation.
Similar to other plaintiffs involved in the multi-district litigation, McCracken alleges that the DePuy ASR hip implant she received failed sooner than it should have, less than two years after implantation. The metal-on-metal hip implant is expected to last between 15 and 20 years. Just one year after receiving the implant, the DePuy ASR was recalled by its manufacturer, with the reason for the recall being the implant’s extraordinarily high rate of failure.
The implant’s failure can cause significant complications including metallosis, severe pain, loss of mobility and often requires revision surgeries which can pose additional risks.
McCracken is seeing compensation for damages allegedly sustained as a result of the product’s implantation including lost wages, medical expenses and long-term care expense.
Bahe, Cook, Cantley & Nefzger is currently reviewing and accepting these cases.