Schedule Adjustments Push DePuy ASR MDL Bellwether Trials

Certain changes in schedule and availability of witnesses and documentation in both complainants and defennse appears to have affected trial dates for two bellweather lawsuits, court readers show.

On December 2012, there are two Bellwether DePuy ASR lawsuits under MDL that were chosen and were given respective schedules. The first case by Faye Dorney-Madgits vs DePuy Orthopaedics (1:11dp20112) was scheduled to commence on May 13 2013. Faye Dorney Madgitz filed a state case in the US Court for Eastern District of Pensyllvania but eventually transferred to the MDL in Ohio. The plaintiff was given by until early August to disclose all the witnesses that the plaintiff would like to present in court.

However, on April 19, 2013, Judge David Katz issued an order postponing the hearing on June 3, 2013.  Three days after, the second bellwether case of McCracken vs DePuy Orthopaedics was also moved from July 8, 2013 to September. These two cases were considered the most crucial and influential DePuy ASR trials under MDL.

Prior to the December 2012 consolidation, the state cases of Kranky and Strum went to trial in which  officer Kransky was awarded by jury some $8.3 million for damages during the first trial. On the contrary, the jury favored Johnson & Johnson and DePuy Orthopaedics during the second trial filed by Carol Strum. Although the defendant made a point of blaming the FDA preliminary review, the families of both plaintiff and defense, as well as legal observers, are wondering how the jury reviews every DePuy ASR’s lawsuit.

There are over 7,000 ASR lawsuits under the MDL and postponing trial dates may cause further delay to pending cases. Yet everyone is hopeful that all cases will be tried fairly and justice will prevail for those who suffered.

For more Bellwether DePuy ASR lawsuit updates, check: DePuy ASR MDL Bellwether Trials Pushed Back


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