Preliminary Disclosure to Begin in U.S. DePuy Litigation

In the United States, preliminary disclosure has begun in the federal multi district litigation (MDL) against DePuy Orthopaedics Inc. following the company’s recall of the DePuy ASR hip replacement systems last year.

The significance of preliminary disclosure is that depositions are taken against three DePuy executives to examine the company’s retention policies, electronically stored information and corporate organisation. The information gained from these depositions will assist lawyers representing plaintiffs in the States, who have identified certain documents relating to the sale and distribution of the ASR hip replacement systems which will strengthen their clients’ cases.

The MDL process has been agreed upon by both lawyers representing clients throughout the United States and DePuy Orthopaedics Inc. to speed up the time in which product liability claims against DePuy can be resolved. The depositions against the three DePuy executives are scheduled to be concluded on April 28 2011 and pre-trial arguments will then commence before the Honourable Judge David A. Katz of the Northern District of Ohio.

When the MDL process reaches this stage, it is anticipated that the number of plaintiffs involved in the action against DePuy Orthopaedics Inc. will have risen to many thousands. Approximately 93,000 hip replacement patients are affected by the faulty DePuy ASR hip replacement systems in the United States.