The DePuy ASR metal-on-metal hip implant multidistrict litigation (“MDL”) centralized in the Northern District of Ohio for pretrial purposes held an open Status Conference in West Palm Beach, Florida on May 1, 2012. The conference was held before the Honorable David A. Katz, the judge overseeing the federal MDL against DePuy Orthopaedics, Inc. and Johnson & Johnson, regarding the recalled metal-on-metal ASR hip replacement devices. The purpose of the Status Conference was to provide an overview of the current status of the litigation. The following updates were provided at the conference:
Lawsuit Numbers
It is estimated that there are approximately 4,200 cases pending in the federal court MDL and roughly 2,100 cases pending in the consolidated state court actions in California, New Jersey, and other state courts. These numbers continue to grow, as new lawsuits are being filed daily.
MDL Discovery
As of April 30, 2012, Johnson & Johnson / DePuy Orthopaedics have produced approximately 37 million pages of discovery. These documents are being reviewed by various members of the Plaintiffs’ Discovery Committee, including Pope McGlamry attorneys. The lawyers for both parties assured the court that discovery is proceeding on schedule
Deposition Discovery
There have been 22 days of Johnson & Johnson/DePuy Orthopaedics employee depositions, with 32 more days confirmed. Several will be done back to back and are being conducted globally.
Trial Dates
State court trial dates are scheduled in Nevada, Maryland, Chicago, and Washington state, with the first DePuy ASR trial set to start in Nevada state court in December 2012. A Maryland state court DePuy ASR trial is scheduled to take place in January 2013. The New Jersey state court cases are tentatively set to take place sometime in Spring 2013. With regard to the MDL Bellwether Trials, the lawyers for Plaintiffs and Defendants are presently engaging in discussions to work out a process for Bellwether case-selection.
Concluding Remarks
The Court wrapped up the May 1, 2012 Status Conference by commending the lawyers for both Plaintiffs and Defendants on their cooperation that has been exhibited thus far.
The next Status Conference for the DePuy ASR metal hip implant litigation is scheduled for June 5, 2012 in Philadelphia.
