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Bellwether Trial Delayed - Again - for DePuy ASR All-Metal Hip Implant

Sep 25, 2013

The court issued another delay, pushing back further the start date of the bellwether trial that will claim that DePuy’s ASR metal-on-metal hip implant is defective and caused a person to suffer serious and permanent injuries after being implanted with it.

The trial was to begin this week. The second continuance this month is being blamed on deadline and discovery issues, according to court documents. The order for the continuance was issued by Judge David A. Katz, who is presiding over the multidistrict litigation (MDL) against DePuy Orthopaedics and its recalled ASR metal-on-metal hip implant in U.S. District Court for the Northern District of Ohio (MDL No. 2197).

The trial will begin in less than 90 days, according to the court order. When it commences, plaintiff Ann McCracken will claim that the DePuy ASR metal-on-metal hip implant is defective and caused her to suffer serious and permanent injuries that ultimately required she have revision surgery to remove it. She says the device failed early and that “she suffered and continues to suffer serious bodily injury.” McCracken had the DePuy ASR metal-on-metal implant installed in August 2009. The revision surgery was performed less than two years later, in January 2011, according to court documents.

Her case is one of thousands consolidated into the federal MDL in Ohio. As we’ve noted, the bellwether trial’s outcome could have a major impact on the other lawsuits awaiting trial.

We’ve been reporting on the numerous instances of early failures reported among other recipients of the DePuy ASR metal-on-metal hip implant and on the dangers facing many who still wear the device.

Injuries commonly linked to the DePuy ASR metal-on-metal hip implant’s early failure would include pain and inflammation where the device was implanted. Recipients have also reported a high rate of infections, as well as noise or squeaking emanating from the implant’s site. Recipients of the DePuy ASR and other metal-on-metal hip implants have also reported toxic accumulations of the metals cobalt and chromium. These metals, undetected in the body, can cause serious injuries, including soft tissue and organ damage, by way of a condition known as metallosis.

When these devices fail and revision surgery is required, recipients often must foot the eye-popping price tag and endure a painful recovery. Oftentimes, after revision surgeries, the recipients are left partially immobilized and facing the risk of permanent injuries.

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