The DePuy Hip Replacement Multi-District Litigation
DePuy hip implant lawsuits have been been consolidated into what’s known a s a multi-district litigation, MDL 2197, with proceedings held in the the Northern District of Ohio.
In multi-district litigation, the facts of each case are handled individually and individuals will have the opportunity to prove their unique injuries. A multi-district litigation combines findings of fact and other pre-trial administrative activities for similar cases in order to expedite the litigation process.
Because the cases are bring heard in the Northern District of Ohio doesn’t mean you’ll have to travel to Ohio to file your lawsuit, or that you’ll need an attorney in Ohio. Because MDL status makes the case a Federal matter, a properly qualified attorney from anywhere in the county can handle your case.
A feature of an MDL is a plaintiff's steering committee. The plaintiff’s steering committee handles discovery, hearings, trial preparation, and procedural motions on issues common to all plaintiffs. Ed Blizzard, a senior partner at Blizzard, McCarthy & Nabers serves on the DePuy Hip Replacement MDL Steering Committee.
Is This a Class Action Lawsuit?
While multi-district litigation involves a large number of people with similar injuries, it is not the same as a class action lawsuit. From the perspective of a potential participant in a lawsuit, this is actually a very important distinction.
In a class action lawsuit, representatives of the class file a lawsuit on behalf of a class of people who have suffered similar harm. Members of the class have no individual control of the lawsuit and are not involved in any of the decision making about how the lawsuit should proceed.
An MDL is a consolidation of individual lawsuits. If you file a lawsuit in an MDL, it is your lawsuit and you will be able to control over the important decisions involving your case, such as whether to settle, or go to trial.
If you have been injured by a defective DePuy hip implant, there is still plenty of time to file a lawsuit and seek compensation for your injuries.
Not Just a Medical Problem
Medical device litigation is a particularly complex area of the law. While there is significant evidence for fault on the part of DePuy, there are still many ways for someone who has been injured by a DePuy hip implant to unwittingly act against their own interests. DePuy has been aggressively pursuing individuals who have been harmed by their products in an attempt to forestall litigation.
It’s crucial to understand that the DePuy hip replacement recall is not just a medical problem. If you have received a recalled implant, you have unfortunately become involved in a tangle of complex legal issues. Consulting an attorney experienced with medical device litigation and MDL lawsuits is vital to protecting yourself and your best interests.
If you have been harmed by a recalled DePuy ASR hip replacement, the law firm of Blizzard, McCarthy & Nabers can help. We are a nationwide law firm serving clients from all over the country. We handle all hip replacement recall injury cases on a contingency basis.
To learn more, or for a free consultation with an experienced hip replacement attorney, please contact us by email or call us at 1-800-349-0127.
