More than two years after DePuy pulled the ASR hip implant from the market, ASR plaintiffs who have been injured by the defective product are finally seeing cases coming to trial. In fact, two trials ended recently. A judgment was returned in one case in excess of $8 million in a case tried in Los Angeles, California. Almost immediately after the verdict, DePuy’s lawyers filed motions for a new trial and to set aside the jury’s $8.3 million verdict. The trial judge denied both motions, noting “there was a legitimate conflict as to what DePuy knew about the ASR and when they knew about it.”
Although the trial in Los Angeles has ended and the plaintiff survived DePuy’s post-verdict motions, the litigation is not over. Lawyers for DePuy have asked the California Superior Court to place the judgment on hold while an appeal is filed. Most observers anticipated an appeal. The second trial, which took place in Chicago, resulted in a defense verdict.
In addition to the two recent DePuy ASR trials, several more trials are set to begin in the upcoming months. The first federal trial, which will take place in the multidistrict litigation (MDL) in the Northern District of Ohio, is set for September 9, 2013. The trial was initially set for May of 2013, but was continued to allow for further discovery. The first New Jersey state court trial is set for October 21, 2013. A second trial is set to begin in Chicago later this year. The Cook County, Ill., court originally scheduled one trial a month. However, the discovery and trial of these ASR cases proved too onerous, which forced Judge Dooling to vacate the initial scheduling order entered in the Chicago litigation.
These initial trials will play an important role in the future of the DePuy ASR litigation and will have an impact on all DePuy ASR lawsuits. The first trials are testing the waters and allowing both the Plaintiffs and Defendants to gauge the strengths and weaknesses of their respective cases. The trials also provide information about how jurors will respond and react to each side’s presentations and arguments.
The remaining DePuy ASR lawsuit claims stemming from the 2010 DePuy hip recall continue to move forward in courts throughout the country. There are more than 10,000 DePuy ASR hip lawsuits currently pending in courts throughout the U.S. If you need more information on this subject, contact Navan Ward, a lawyer in our Mass Torts Section, at 1-800-898-2034 or by email at Navan.Ward@beasleyallen.com. Navan has been working very hard in this area for a good while and is heavily involved in the MDLs.