Lawyers prosecuting DePuy ASR™ hip replacement claims for patients suing in New Jersey Superior Court met with Judge Brian R. Martinotti last week in Hackensack, New Jersey to take steps to organize and prosecute claims that defective and now-recalled DePuy ASR™ hip implants injured many patients. Gregg J. Borri, along with approximately twenty other plaintiffs’ lawyers, met with Judge Brain R. Martinotti and defense counsel for DePuy Orthopaedics, Inc. and Johnson & Johnson to press forward with pretrial preparation of the cases filed in New Jersey Superior Court.
At the conference, the plaintiffs’ attorneys agreed to consult with attorneys for DePuy Orthopaedics, Inc. about the terms of an order to preserve explanted DePuy ASR™ hip replacements removed from patients and to prepare written demands for the production of documents concerning the DePuy ASR™ that are in the possession of DePuy Orthopaedics and Johnson & Johnson. DePuy Orthopaedics has said it has more than 20 million documents relating to the DePuy ASR™ hip implant, including everything from regulatory filings to internal emails.
Now that all DePuy ASR™ hip implant cases pending in the New Jersey State courts have been assigned to Judge Brian R. Martinotti in Bergen County Superior Court, and plaintiffs’ attorneys have organized, more cases are expected to be filed in New Jersey. Mr. Borri, who has filed cases in New Jersey, California, Missouri, Florida and Ohio, said that New Jersey judges have substantial experience handling mass tort cases and that some plaintiffs may decide it will be advantageous to file their cases in New Jersey where they might get a faster trial date than the cases filed in the federal DePuy ASR™ hip implant MDL proceedings being coordinated in Toledo, Ohio or the California State court DePuy ASR™ proceedings being coordinated in San Francisco, California.
Attorneys for the parties will meet with Judge Martinotti again on June 1, 2011, when Judge David Katz, who is coordinating the federal DePuy ASR™ MDL, will also be present.