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Depuy Hip Replacement Lawsuits Being Considered For Multidistrict Litigation
Multidistrict litigation (MDL) is a legal procedure in the United States federal courts that allows multiple civil (as opposed to criminal) lawsuits to be consolidated under a single judge for the stage of the cases known as discovery. (Discovery is the trading of information that takes place before a trial begins. ) The purpose of MDL is to avoid inefficient, duplicative discovery and inconsistent pretrial rulings, as well as to conserve resources for the parties, judiciary,[link widoczny dla zalogowanych], and attorneys involved.
Before MDL can take place,[link widoczny dla zalogowanych], the Judicial Panel on Multidistrict Litigation (a panel of seven federal judges) must approve the consolidation. In deciding whether or not to approve MDL for a group of cases, the panel will determine whether there is at least one question of fact common to all the cases. A question of fact is a question that can be answered by using facts and evidence that establish proof. As an example, imagine a product liability case in which multiple plaintiffs claim they were injured by a medical device. A common question of fact in this case could be: Was the medical device produced in accordance with the manufacturers own designs, or was there significant variation from those designs? (There could be other common issues of fact as well,[link widoczny dla zalogowanych], but there needs to be only one). If the panel decides that a common question of fact applies to all the cases, it likely will approve MDL.
In deciding which judicial district will handle the MDL discovery proceedings, the panel considers a number of factors, such as where the most parties involved are and each courts ability to oversee complex litigation. If a business (such as a product manufacturer) is involved, the district where that business is headquartered might be chosen. Although the federal judge overseeing the cases technically is only in charge of pre-trial discovery, the panel typically elects to have that same judge handle the trials for those cases as well.
The current mass litigation against DePuy Orthopaedics is currently a candidate for MDL. In August 2010, DePuy recalled two hip replacement devices,[link widoczny dla zalogowanych], the ASR XL Acetabular System and the ASR Hip Resurfacing System, due to data that indicate the implants failed prematurely in 1 out of 8 patients. Since the recall was issued, many lawsuits have been filed against the company by plaintiffs alleging that the ASR device they were implanted with caused them injuries. The claimants in those suits are seeking damages related to the injuries they claim to have suffered. A hearing is scheduled for November 18 at Duke University School of Law, at which hearing the U. S. Judicial Panel on Multidistrict Litigation will decide whether or not to transfer all of the DePuy hip replacement cases to one federal judge.
It seems likely that the DePuy MDL will be approved. In the meantime, if you received an ASR implant, then you may want to consider speaking with a DePuy hip replacement lawyer. The defective DePuy hips have necessitated expensive medical procedures, in addition to pain and suffering, for many recipients. A hip replacement lawyer can help you decide whether a lawsuit is the best way to recoup the losses caused by your defective hip implant.
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