I have a Depuy hip implant that is part of the recall. I understand that the cases are part of an "MDL" and that those cases are being litigated? What does MDL mean? What is going on in the Depuy hip cases?
An MDL is set up when a significant number of cases are filed in federal court and the judicial system determines that judicial economy would be best-served if the cases are consolidated before one judge for pre-trial purposes. In the cases involving the Depuy hip implants, the federal courts decided that consolidation of the cases was appropriate and that the cases should be sent to one judge in Ohio.
MDL cases are usually handled differently from a typical case. The judge who oversees the combined cases creates new rules and systems to more efficiently handle the number of related lawsuits. One way that judges streamline the process is to create unique rules for the parties to exchange information and documents.
The judge overseeing the cases against DePuy Orthopaedics and Johnson & Johnson for their DePuy ASR hips has ordered the lawyers who have filed claims to prepare Plaintiff Preliminary Disclosure Forms for each of the patients that the lawyer represents. These forms are designed to give DePuy some information about the implants that each patient received, including the equivalent of a model number and serial number for each hip (called a product code and a lot code when dealing with hip implants). The form also provides information about any bloodwork, x-rays, MRIs, or other tests to determine if the patient’s hip is failing.
We are representing dozens of patients who received recalled DePuy ASR hip implants, and currently working to prepare the Plaintiff Preliminary Disclosure Forms for them. If you received a notice that your hip implant has been recalled, or are concerned that it might have been recalled without you receiving notice, please contact us and we will be happy to determine whether you have a case that should be filed in court.