Bellwether trial selected in DePuy ASR metal-on-metal hip implant litigation


Bellwether trial selected in DePuy ASR metal-on-metal hip implant litigationA New York woman’s struggles with the DePuy ASR metal-on-metal hip implant will serve as a catalyst for future current and future victims of the device’s many defects.

According to a report from The (Rochester, N.Y.) Democrat and Chronicle, Ann McCracken’s case has been selected as one among more than 7,000 other similar lawsuits pending in a federal Multidistrict Litigation (MDL) as a bellwether case. Bellwether trials often serve as a basis for future decisions on lawsuits that make similar claims.

What happens in McCracken’s case likely will play a large role in determining the fate of those more than 7,000 other lawsuits included in the MDL. Her trial is expected to begin this summer. Her case was selected likely because she experienced the typical problems suffered by victims of DePuy ASR defects. 

McCracken received her DePuy ASR metal-on-metal hip implant during a 2009 procedure and had a revision surgery to replace it just months later after enduring nearly constant and severe pain. During that time, she likely also experienced a dangerous accumulation of toxic metals caused by the components of the hip implant rubbing together.

The DePuy ASR metal-on-metal hip implant was recalled globally in August 2010 but not before at least 97,000 of the device were sold. Recent documents discovered during the pre-trial phase of a just-commenced trial of one of its victims earlier this week shows that DePuy, and its parent company Johnson & Johnson, became aware that the ASR suffers from about a 40 percent early-failure rate.