I live in Tennessee and have a DePuy ASR hip implant that has been recalled. What is the status of the litigation?
If you have not filed a case the status of the litigation is irrelevant to you. By that I mean that if you live in Tennessee and had your surgery in Tennessee and you don’t have a lawsuit filed within one year of the time you knew or should have known that the implant was defective you will lose your legal rights under Tennessee law. If you have not hired a lawyer you need to hire one as soon as possible.
We have a significant number of these cases pending. We have some of our cases filed in federal court and will probably file the rest of our cases there. The federal court cases have been consolidated for pretrial purposes before a federal judge in Ohio. That judge has just appointed the lawyers who will be managing the litigation for DePuy and for the persons who have filed a lawsuit claiming the ASR product is defective and caused them an injury. The litigation is just getting underway. In fact, there was a hearing yesterday in West Palm Beach that addressed several case management issues.
Once again, do not sit on your rights and lose them. There are real problems with the ASR implants and you need to hire a lawyer to help you as soon as possible if you want to preserve your rights. This is true even if you are not currently having an unusual amount of pain from the hip.
The one-year rule applies in Tennessee. There are different deadlines in other states but if you live here and your ASR hip surgery was here you should assume that the one-year rule applies to you.