The latest news on the hip replacement recall made by DePuy in August 2010 surrounds the disclosure of communications between plaintiffs, DePuy Orthopedics and their agents – Broadspire Services.
In September, Judge David A. Katz – the judge assigned to hear the multi district litigation case in Toledo, Ohio – issued Case Management Orders for all plaintiffs in the class action law suits filed to date in the States, to provide Fact Sheets and Medical Records Authorization Forms if they have already undergone revision surgery.
The Fact Sheets and Medical Records Authorization Forms contain basic information concerning the injuries sustained by the plaintiffs and will substitute for individual disclosure to the defendants in the case – DePuy Orthopedics Inc and their insurers Broadspire Services Inc. DePuy Orthopedics 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 plaintiff.
Inasmuch as these submissions provide basic information about each plaintiff, lawyers 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 Orthopedics 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.