Judge Katz Issues Preservation Order for DePuy ASR Devices

Judge David Katz, who will be presiding over DePuy ASR lawsuits, has issued a preservation order that will ban further destruction of DePuy ASR components after they are explanted from patients. This order will help preserve valuable evidence to cases against DePuy.

A preservation order is a judicial mandate rendering all parties responsible for the preservation of certain “documents, data, and tangible things” related to the litigation. The extensive 40 page order explains the procedures that both parties must follow in preserving the device after it is taken out in revision surgery.

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DePuy Agrees DePuy Pinnacle Hip Lawuits Should Be Consolidated

It is now anticipated that federal lawsuits over the DePuy Pinnacle hip components will be consolidated into a multidistrict litigation. This will mean that the DePuy Pinnacle hip litigation will follow the path of the already recalled DePuy ASR and DePuy ASR XL Acetabular Systems.

In a response to the motion filed by a plaintiff on March 25 to consolidate all federal lawsuits over issues with the DePuy Pinnacle hip devices, DePuy Orthopedics has now agreed that cases should be consolidated into an MDL, or multidistrict litigation.

The formulation of an MDL is appropriate when a large number of lawsuits have been filed over injuries that share a common cause. The purpose is to reduce duplicate discovery throughout different cases, produce consistent pretrial rulings, and to serve the convenience of all parties involved. DePuy has identified at least 37 actions pending in federal courts involving the DePuy Pinnacle hip. It is predicted that this number will grow significantly in coming months.
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