The number of lawsuits against DePuy Orthopaedics and its parent company Johnson & Johnson is rising well into the hundreds after the DePuy ASR hip replacement recall in August. Given the common elements of many of the claims brought against DePuy, federal and state Courts have sought to consolidate cases in an effort to reduce costs and duplication of efforts. Most recently, DePuy recall cases filed in New Jersey State Court have been designated for centralized management in Bergen County.
An April 12th Court Order has assigned all pending and future New Jersey State Court cases dealing with the DePuy hip replacement recall to Judge Brian R. Martinotti in Bergen County, New Jersey. The cases are being centralized for coordinated management in an effort to “avoid duplication and prevent conflicts.” This move towards centralized management of the DePuy claims is neither surprising nor novel. Federal cases relating to the DePuy recall are being consolidated in the Northern District of Ohio and California cases are being coordinated in San Francisco County.
The legal claims against DePuy Orthopaedics (many of which also name parent company Johnson & Johnson) involve patients implanted with the defective DePuy ASR hip replacement. The failure rate of this metal-on-metal type hip replacement, at five years post-implant, has been found to be much higher than anticipated. Many of those implanted with the faulty hip replacement have experienced painful symptoms associated with excessive wear of the metal from their hip implants. Some victims of the recall are forced to undergo a second, more complex surgery, called revision surgery, to replace the defective device.
