• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Subscribe

MassDevice

The Medical Device Business Journal — Medical Device News & Articles | MassDevice

  • Latest News
  • Technologies
    • Artificial Intelligence (AI)
    • Cardiovascular
    • Orthopedics
    • Neurological
    • Diabetes
    • Surgical Robotics
  • Business & Finance
    • Wall Street Beat
    • Earnings Reports
    • Funding Roundup
    • Mergers & Acquisitions
    • Initial Public Offering (IPO)
    • Legal News
    • Personnel Moves
    • Medtech 100 Stock Index
  • Regulatory & Compliance
    • Food & Drug Administration (FDA)
    • Recalls
    • 510(k)
    • Pre-Market Approval (PMA)
    • MDSAP
    • Clinical Trials
  • Special Content
    • Special Reports
    • In-Depth Coverage
    • DeviceTalks
  • Podcasts
    • MassDevice Fast Five
    • DeviceTalks Weekly
    • OEM Talks
      • AbbottTalks
      • Boston ScientificTalks
      • DeviceTalks AI
      • IntuitiveTalks
      • MedtechWOMEN Talks
      • MedtronicTalks
      • Neuro Innovation Talks
      • Ortho Innovation Talks
      • Structural Heart Talks
      • StrykerTalks
  • Resources
    • About MassDevice
    • DeviceTalks
    • Newsletter Signup
    • Leadership in Medtech
    • Manufacturers & Suppliers Search
    • MedTech100 Index
    • Videos
    • Webinars
    • Whitepapers
    • Voices
Home » DePuy ASR bellwether trial delayed again

DePuy ASR bellwether trial delayed again

September 24, 2013 By Brad Perriello

Johnson & Johnson can exclude recall evidence in DePuy ASR bellwether lawsuit

The 1st bellwether trial in multi-district litigation against Johnson & Johnson‘s (NYSE:JNJ) DePuy Orthopaedics division over the DePuy ASR metal-on-metal hip implant is on hold again.

The case, originally scheduled for trial Sept. 9, was postponed by Judge David Katz of the U.S. District Court for Northern Ohio until Sept. 24. But yesterday, Katz delayed the proceedings again, citing the difficulty of scheduling expert witness testimony, according to court documents.

"After conferring at length with the trial attorneys handling this matter, the court has determined that because of the initial continuance of this trial as aforesaid the scheduling of expert witnesses by both parties has become an extremely difficult task," Katz wrote. "Additionally, issues remain with regard to scheduling of additional depositions and pretrial discovery which are necessary for the thorough preparation and presentation of this bellwether case."

The trial is to commence within 90 days, Katz ordered, according to the documents.

Katz, who is overseeing the DePuy ASR MDL, 1st pushed Ann McCracken v. DePuy Orthopaedics back to allow more time for discovery.

Johnson & Johnson pulled the DePuy ASR device from the market in 2010, prompting thousands of personal injury lawsuits across the country.

The 1st trial over the DePuy ASR implant settled in August 2012 before it could go to trial. In March, a jury awarded another plaintiff, Loren Kransky, $8.3 million after deciding that the device was defectively designed (California Judge J. Stephen Czuleger rejected DePuy’s request for a new trial in May). In April, an Illinois state jury found for DePuy in Carol Strum vs. DePuy Orthopaedics & Premier Orthopaedic Sales.

Plaintiffs in 7 lawsuits filed over the device can add claims over the DePuy Pinnacle implant, a state judge in California ruled last month.

The August 2010 recall of the DePuy ASR devices was "due to the number of patients who required a second hip replacement procedure," according to a company report. An internal review in 2011 found that 37% of DePuy’s ASR hip implants would require revision or replacement in less than 4.6 years.

In July, Katz ruled on a number of pre-trial motions from both sides, granting DePuy’s bid to keep evidence about the recall out of the trial.

Filed Under: Implants, Legal News, News Well, Product Liability, Recalls Tagged With: depuysynthes, Hips, Johnson and Johnson

More recent news

  • BD files patent infringement lawsuit against Baxter over infusion pump tech
  • Tandem Diabetes Care subsidiary earns new FDA clearance for insulin infusion set
  • Apreo Health emerges from stealth with positive data for lung scaffold
  • Tivic adds new vagus nerve stim patent
  • Study backs Teleflex stapler for reducing post-op GERD rates

Primary Sidebar

“md
EXPAND YOUR KNOWLEDGE AND STAY CONNECTED
Get the latest med device regulatory, business and technology news.

DeviceTalks Weekly

See More >

MEDTECH 100 Stock INDEX

Medtech 100 logo
Market Summary > Current Price
The MedTech 100 is a financial index calculated using the BIG100 companies covered in Medical Design and Outsourcing.
MDO ad

Footer

MASSDEVICE MEDICAL NETWORK

DeviceTalks
Drug Delivery Business News
Medical Design & Outsourcing
Medical Tubing + Extrusion
Drug Discovery & Development
Pharmaceutical Processing World
MedTech 100 Index
R&D World
Medical Design Sourcing

DeviceTalks Webinars, Podcasts, & Discussions

Attend our Monthly Webinars
Listen to our Weekly Podcasts
Join our DeviceTalks Tuesdays Discussion

MASSDEVICE

Subscribe to MassDevice E-Newsletter
Advertise with us
About
Contact us

Copyright © 2025 · WTWH Media LLC and its licensors. All rights reserved.
The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of WTWH Media.

Privacy Policy