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Case Management Orders, Class action, David A. Katz, Hip Replacement, Law, lawsuit, September, UNited States
Latest News on Hip Replacement Recall Legal Action
Wednesday, 2 November, 2011 Source: Click here
The latest news on the hip replacement recall made by DePuy in August 2010 surrounds events currently taking place in the United States.
In September, Judge David A. Katz, the judge assigned to hear the multidistrict litigation case in Toledo, Ohio, issued Case Management Orders for all claimants in the class action law suits filed to date in the States, to provide Fact Sheets and Medical Records Authorisation Forms if they have already undergone revision surgery.
The Fact Sheets and Medical Records Authorisation Forms contain basic information concerning the injuries sustained by the claimants and will substitute for individual disclosure to the defendants in the case – DePuy Orthopaedics Inc and their insurers Broadspire Services Inc. DePuy Orthopaedics have 120 days from the receipt of these documents to present the court with detailed information about each replacement hip system which was initially implanted, and facts relating to any communication between the company, their agents and the claimant.
Inasmuch as these submissions provide basic information about each claimant, solicitors representing those making a DePuy hip replacement compensation claim will still have to compile a case for each, as damages will be awarded on an individual basis (should DePuy Orthopaedics be found liable for personal injury compensation) depending on their unique circumstances. Those still to undergo revision surgery will still be able to claim for advanced pain and suffering, but awards of personal injury compensation will be distributed on the merit of each separate case.
Further to Judge Katz´s Case management Order, the latest news on the hip replacement recall law suits is that a conference between representatives of the legal firms which have filed class action lawsuits to date has been scheduled in Toledo for Tuesday November 22nd. The judge himself will be in attendance to assess the progress of the Case Management Orders and decide whether pre-trial hearings are the next appropriate action.
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- Discovery Moves Forward In Federal DePuy ASR Hip Replacement Lawsuits (prweb.com)
- Another Legal Victory for Victims With Recalled DePuy ASR Hip Replacement Implants (prweb.com)
- You: HOUSE CALL: Arthritis can be a pain in the hip – San Angelo Standard Times (news.google.com)
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Earl's View 
What about the people with other devices made by other manufactures, like smith and nephew that have metal poisoning, mainly cobalt. I have to have mine removed due to high levels, not to mention the way this thing clunks and pops, get stuck and is very painfull. Many nights of not sleeping, or waking up and have to move my leg with my hands to get out of bed. What’s being done about these issues and the people that suffer from them. I read about that guy that went with no hip for months after having his removed with nothing going back in its place. Is this what we all have to look forward to, why isn’t smith and nephew being recalled along with these other companies that are poisoning us and leaving us to deal with it. Why do we even have th FDA if they do nothing and still let this go on.
I agree – mine was a S&N total hip replacement – popped & clicked & wore and cobalt went up – destroyed bone and tissue – revised last 1 Sept after only 3 years.
Seems that the “public failure rate” for S&N is much lower than for the others so that they are getting away with having a class action against them – so we are stuck with expensive individual actions. Howard Sadwin is trying to organize a class action against S&N but things have not progressed much so far.
It seems that anything less than a 5- 7% failure rate is acceptable to the FDA and the orthopedic companies.
Too bad when you are one of the few percent – like we are.
You will be so pleased when you get it replaced – it was such a relief to me.
Earl