The first DePuy Orthopaedics hip implant injury trial representing a complaint consolidated in MDL (multi-district litigation) will begin in June 2013. The bellwether trial comes on the heels of the first non-MDL DePuy hip implant trial, in which a jury awarded the plaintiff $8.3 million in damages.
What the Bellwether Trial Means to You
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, faces thousands of lawsuits over its metal-on-metal ASR XL Acetabular Hip Implant and ASR Hip Resurfacing System, which failed at alarming rates in patients who had to undergo additional surgeries to replace the devices or who now live in pain.
Many of the lawsuits were filed in state courts and are pending trial. The first of those lawsuits recently ended in an $8.3 million verdict against the manufacturers for failing to warn hip implant patients about known defects before recalling nearly 100,000 devices worldwide.
Other lawsuits filed in federal court were consolidated in an MDL to assist both sides in the discovery process by avoiding conflicting rulings from different courts. The first of these trials, known as bellwether trials, begins in June – and everyone will be watching. Bellwether trials allow both sides to see the issues that arise in the proceedings and how juries respond to the evidence. Based on the outcome, the manufacturers may choose to settle a group of lawsuits to avoid further court costs.
The First $8.3M Verdict Isn’t Likely to Go Unnoticed
While the outcome of the first bellwether trial may help pave the way for future settlements, the recent $8.3 million verdict against DePuy will certainly not go unnoticed by the company. Should the upcoming trial result in another large verdict, DePuy and Johnson & Johnson may decide that offering injured victims compensation is simply more cost-effective.
If you’ve been injured by DePuy’s ASR XL Acetabular Hip Implant or ASR Hip Resurfacing System, contact The Driscoll Firm, LLC, to learn how the outcome of these trials might affect you and determine if you might be entitled to compensation for of lost income, medical bills, physical and emotional pain and suffering and more. Let our team of experienced product liability attorneys help you get the compensation you deserve.
