Following the latest status conference in Ohio between solicitors representing victims of the recalled DePuy Orthopedics faulty hip replacement systems, the first DePuy hip replacement court cases are to be scheduled for December 2012.
However, this first round of DePuy court cases will not be filed by plaintiffs in the multi-district litigation (MDL) but, in a coordinated plan between lawyers, by individual plaintiffs in the States of Nevada (December 2012), Maryland (January 2013) and Illinois (February 2013).
Depending on the outcome of the initial litigation, “Bellwether Trials” – where plaintiffs are randomly selected from the MDL – will commence in May 2013 and June 2013 at the U.S. District Court for the Northern District of Ohio, and be presided over by the Honorable David A. Katz.
It is hoped with this schedule of DePuy hip replacement court cases, settlement figures can be determined which will reflect the suffering of those who have received faulty hip replacement systems and which will adequately compensate for the pain of revision surgery as well as account for loss of earnings, medical costs and travel expenses.
Unlike class action lawsuits – where a plaintiff receives a proportion of the total award – each individual claim for DePuy hip replacement compensation will be assessed on its own merits, with different amounts being awarded according to the level of physical pain and suffering which has been experienced, loss of amenity due to the receipt of a faulty hip replacement system and special damages for loss of earnings and other out-of-pocket expenses.
Should this series of DePuy hip replacement court cases deliver awards which are of acceptable value to the legal representatives of those making DePuy hip replacement compensation claims, no further court cases would be scheduled, and claimants would be approached with out-of-court settlement offers as early as next summer.
Over 6,200 claims for DePuy hip replacement injury compensation have now been filed in the US, with 4,200 included in the MDL and a further 2,000 independently filed with State courts. This number is anticipated to rise sharply in the coming months, as many States have a Statute of Limitations which disqualifies claims for DePuy injury compensation after two years (the DePuy ASR hip recall was announced in August 2010).
If you or a loved one have received any metal-on-metal hip implant, and would like to know if you are eligible for hip replacement compensation, you should discuss the circumstances of your injury with a lawyer at the earliest possible opportunity.