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First DePuy ASR Bellwether Trials Set

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U.S. District Judge David Katz has ordered both defendants and plaintiffs in the DePuy ASR hip replacement device multidistrict litigation in U.S. District Court for the Northern District of Ohio, to choose “four ASR revision cases as bellwether trial candidates.” The parties had until August 8 to make their choices, though Judge Katz limited their selections to plaintiffs who had only one hip replaced with the device.

The order gives both parties until November 1 to depose plaintiffs, the surgeons who implanted and explanted the devices, as well as “one fact witness per side as necessary to determine whether the case should be designated as a bellwether trial candidate case.”

The order says that the parties then have until December 1 to report which of the eight cases should proceed. If the parties are unable to reach an agreement on the cases by December 15, the court will decide.

As it stands, the first DePuy ASR bellwether trial is set for May 6, 2013, and the second for July 8, 2013.

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U.S. District Judge David Katz has ordered both defendants and plaintiffs in the DePuy ASR hip replacement device multidistrict litigation in U.S. District Court for the Northern District of Ohio, to choose “four ASR revision cases as bellwether trial candidates.” The parties had until August 8 to make their choices, though Judge Katz limited their selections to plaintiffs who had only one hip replaced with the device.

The order gives both parties until November 1 to depose plaintiffs, the surgeons who implanted and explanted the devices, as well as “one fact witness per side as necessary to determine whether the case should be designated as a bellwether trial candidate case.”

The order says that the parties then have until December 1 to report which of the eight cases should proceed. If the parties are unable to reach an agreement on the cases by December 15, the court will decide.

As it stands, the first DePuy ASR bellwether trial is set for May 6, 2013, and the second for July 8, 2013.

breakinglawsuitnews.com disclaimer: This article: First DePuy ASR Bellwether Trials Set was posted on Friday, August 10th, 2012 at 8:28 pm at breakinglawsuitnews.com and is filed under Medical Device Lawsuits.

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