Most people know by now that DePuy Orthopaedics successfully consolidated all DePuy lawsuits into multidistrict litigation (MDL) under federal District Court Judge David Katz of the Northern District of Ohio in Toledo (In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation (MDL Docket No. 1:10-md-02197)). Despite the initial status conference being delayed one month, MDL has been moving efficiently. On April 5, 2011, Judge Katz ordered each
plaintiff to file a short-form complaint while requiring DePuy to file a single master abbreviated or short-form answer.
The order, Amended Case Management Order No. 4, allows plaintiffs to claim damages under 23 specific causes of action. Noteworthy ones include:
- Simple negligence
- Strict products liability
- Breach of warranty
- Fraudulent misrepresentation
- Malice
- Violation of state consumer protection statutes
Plaintiffs can write in others if they wish. They can claim the following damages:
- Injury to self
- Wrongful death
- Economic losses
- Loss of services
- Loss of consortium
DePuy"s master answer allows it 32 separate defenses. Some are retained from DePuy"s pleadings in the first hip replacement lawsuits and address limitations of damages, especially punitive damages. Again, here are a few relevant defenses DePuy may assert:
- Plaintiff assumed all risks associated with the use of his or her DePuy ASR device
- Plaintiff was negligent, careless, and at fault and conducted himself or herself so as to contribute to alleged injuries
- Plaintiff"s alleged damages are barred because of the plaintiff"s failure to mitigate them
These terms may sound understandable to laypeople, but they all have very specific legal definitions. Hip replacement lawyers must prove all their client"s claims, and DePuy will defend against them vigorously. Given the scope of the available causes of action hip replacement recipients may assert against DePuy and the amount of compensation at stake in all the types of damages, it is critically important that you find a competent hip replacement lawyer to handle your case.
