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Continuance Ordered in DePuy ASR Metal Hip Implant Bellwether Trial

Sep 12, 2013

A federal judge this week delayed the start of a bellwether trial alleging defects with the DePuy Orthopaedics ASR metal-on-metal hip implant caused one woman to suffer serious and life-altering injuries and skyrocketing medical costs.

U.S. District Judge David A. Katz issued an order on Sept. 6 that delayed the start of the bellwether trial in the DePuy ASR Multidistrict Litigation (MDL) from Sept. 9 until Sept. 24. The two-week delay was mostly due to the late date it was determined that this particular case would serve as the initial bellwether, according to a court documents.

Katz wrote that “the Court, after conferring with the parties, has determined that because of the delayed designation of this case for trial, which occurred in July 2013, additional discovery and the consideration of additional legal matters requires this Court to continue this trial for two weeks.”

In this trial, Rochester, N.Y., resident Ann McCracken will say she was implanted with the now-recalled DePuy ASR metal-on-metal hip implant in an August 2009 surgery. By January 2011, McCracken was undergoing a revision surgery to have the device removed after she blamed it for causing an array of complications that caused her to suffer severe pain, swelling, and other injuries, according to court documents.

Based on our previous reports, the DePuy ASR metal-on-metal hip implant was subject to a global recall in August 2010. At that time, there were numerous complaints filed by recipients of the device who blamed it for causing various serious injuries. Many times, these injuries caused recipients to eventually undergo a revision surgery to correct or remove the implant.

The most common injuries reported among recipients of the DePuy ASR metal-on-metal hip implant include early failure of the device, toxic metal levels caused by the component parts of the hip implant working together, difficulty walking, swelling and inflammation at the site of the implant, and severe pain. If toxic metal levels go unchecked - mostly of chromium and cobalt - it could lead to soft tissue, muscle, and organ damage.

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