When the hip replacement recall happened, the manufacturer began facing an increasing number of lawsuits. DePuy successfully moved the federal Judicial Panel on Multidistrict Litigation (MDL) to consolidate all these lawsuits into one case before federal District Court Judge David Katz of the Northern District of Ohio in Toledo late last year. After this, things started moving efficiently even though there was a slight delay on the scheduled status conference. So, on April 5, 2011, each plaintiff were required to file a short-form complaint and DePuy to file a single master abbreviated or short-form answer after the court issued the Amended Case Management Order No. 4. Plaintiffs are now allowed to claim damages under 23 specific causes of action as an addition to the ones they choose to assert after this Order No. 4 was issued. Like simple negligence and strict products liability. The order also allows plaintiffs to claim the following types of damages, among others like injury to self and wrongful death.
Meanwhile, DePuy’s master answer may contain 32 individual defenses. If we think about it, these responses can be traced back to the first DePuy hip replacement lawsuits like those portions addressing limitations of damages such as punitive damages.
Precise legal definitions are contained in all these terms. Hip replacement lawyers must prove every cause of action they assert against DePuy, and they should expect DePuy to defend against them. It is critically important to contact a competent hip replacement lawyer if you have not done so already as the Case Management Order No. 4 allows those affected by the hip replacement recall to make many claims against DePuy and the amount of compensation at stake in the many types of damages. Clearly, this DePuy hip recall update must be taken seriously to avoid further damage.
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