In August of last year, the DePuy ASR metal-on-metal artificial hip device was recalled due to an increased rate of revisions (second or follow-up surgeries) occurring shortly after the original hip implant. Medical literature and recent data show that a significant number of revisions in users of the ASR hip are due to metal debris from the metal components in the device. Shortly after the recall of the ‘ASR’ device, the DePuy ASR MDL was formed for all lawsuits filed in federal courts around the country with Judge David A. Katz in the Northern District of Ohio in charge. Judge Katz has issued a number of orders required to get the ASR MDL underway.
But, the DePuy ASR hip is not the only hip device that DePuy Orthopedics manufactures. In fact, DePuy makes various models of the DePuy Pinnacle hip device. Specifically, the Pinnacle metal-on-metal hip model is similar to the ASR model. Reports of metal poisoning and pre-mature revisions are occurring in both DePuy devices. The problems with the metal-on-metal Pinnacle device have led to several lawsuits around the country. Recently, the involved law firms requested that a DePuy Pinnacle MDL be formed on May 23rd. The DePuy Pinnacle MDL was assigned to Judge James E. Kinkeade in the Northern District of Texas.
Although the majority of Plaintiffs’ firms and counsel for DePuy requested that the Pinnacle MDL be in Texas, but before different courts, Judge Kinkeade was assigned the Pinnacle MDL. This appears to be a good choice. Since Judge Kinkeade is known to have been extremely fair to all concerned during his time on the bench. Many of the Plaintiffs’ firms requested that only metal-on-metal Pinnacle cases be included in this MDL. Judge Kinkeade will decide which Pinnacle device models will be included in the MDL in the weeks or months to come.
The evidence supporting the DePuy ASR cases may be much stronger than the Pinnacle metal-on-metal hip cases. But it appears that both devices have the potential for a successful resolution in both MDLs. Anyone with either the ASR or Pinnacle hips should have their case investigated to determine its merits. If you need more information, contact Navan Ward at 800-898-2034 or by email at Navan.Ward@beasleyallen.com.
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