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Court Offers DePuy ASR Hip Recall Litigation Tolling Agreement to Non-Revision Plaintiffs

Author: Bernstein Liebhard LLP : Contact: 800-511-5092

Published: 2014-11-09

Synopsis and Key Points:

Bernstein Liebhard LLP reports court overseeing federal DePuy ASR hip recall litigation offers tolling agreement to non-revision plaintiffs.

Main Digest

Court Overseeing Federal DePuy ASR Hip Recall Litigation Offers Tolling Agreement to Non-Revision Plaintiffs, Bernstein Liebhard LLP Reports.

The federal court overseeing thousands of DePuy ASR hip lawsuits ( has offered tolling agreements to those patients who have not yet required revision surgery to remove and replace their implant, Bernstein Liebhard LLP reports.

According to an Order dated October 30, 2014, U.S. District Judge David A. Katz of the Northern District of Ohio has directed such plaintiffs to inform the Court by December 31, 2014 if they intend to continue with their case or voluntarily dismiss their lawsuit.

Plaintiffs who opt for voluntarily dismissal would be able to refile their claim if they require revision of their ASR hip implant in the future. In return, DePuy Orthopaedics will enter into a tolling agreement which will suspend the statute of limitations governing the case. (In Re: DePuy ASR Hip System Cases, JCCP 4649)

"We are representing numerous plaintiffs who have filed lawsuits in the wake of the 2012 DePuy ASR hip recall. Entering into such a tolling agreement may be a viable option for some non-revision plaintiffs, as they are not eligible to participate in the DePuy ASR settlement program announced by the Court last year," says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who allegedly experienced metallosis, chronic pain, disability, premature hip implant failure, and other serious complications allegedly related to devices included in the DePuy ASR recall.

DePuy ASR Litigation

According to court documents, the DePuy ASR hip recall was announced in August 2010, after data indicated that the metal-on-metal hips were failing at an unacceptably high rate within just five years of implantation. Since then, thousands of liability claims have been filed on behalf of individuals who allegedly suffered serious complications due to their ASR hips, most of which have been consolidated in a multi-district litigation established in the Northern District of Ohio.

One year ago this month, the Court announced the establishment of the DePuy ASR settlement program, which could ultimately resolve the majority of cases pending in state and federal courts. However, those eligible to participate in the program were limited to DePuy ASR recipients who underwent revision surgery to replace their implant due to a recall-related reason prior to August 31, 2013.

Individuals who allegedly suffered serious complications related to the DePuy ASR recall may be entitled to compensation for their injury-related damages. To learn more about the DePuy ASR litigation, please visit Bernstein Liebhard LLP's website at

For a free, no obligation case review, please call the Firm directly at 800-511-5092.

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