The Status of DePuy and Their Faulty Hip Replacements Under Multi-District Litigation
It looks like DePuy will settle their charges for product liability under a multi-district litigation, or MDL. From the plaintiffs’ point of view, this may be the better option to choose in suing DePuy for their defective hip implants in contrast to class action lawsuits. Two months ago, a motion was made before the US Judicial Panel to merge all DePuy hip replacement lawsuits into an MDL case. In fact, different states across the United States of America, like New York and California among others, have already filed a number of lawsuits against the company.
The plaintiffs are now fervently requesting that the District Court Judge, in the person of Susan D. Wigenton, be the one to preside over the legal proceedings concerning the MDL. Just as they thought everything was working out fine, DePuy then questioned the appointment of Judge Wigenton as the presiding judge of the trial. According to them, she has already presided in separate hip recall cases, particularly a hip replacement lawsuit against Zimmer Holdings. DePuy worries that this will result to unsound decisions and a biased verdict against their case. They also objected to the venue where the trial should take place, and that the litigation should happen near Indiana where their headquarters are located.
Because of many complicated disagreements between both parties, which also includes the appointment of the presiding judge, a hearing date scheduled on November 18, 2010 at North Carolina is expected to take place. The lawyers of the plaintiffs are expected to prepare for this gathering in order to arrive at a fair and final decision.
An estimated 4000 people are expected to file lawsuits against DePuy because of the many flaws in their metal hip implants. If you are one of these victims, you may speak to a Rottenstein lawyer experienced with personal injury cases. Specializing in cases concerning medical malpractice and product liability, a DePuy hip recall lawyer will help you win the case.