HarrisMartin Publishing has just reported exclusively on it’s online version of Drugs & Medical Devices Litigation Report that DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation MDL 2197 is now docketed in the Northern District Ohio.
As this is the case, all federally filed cases will be consolidated in there for discovery and pre-trial matters as is usually the case with MDLs involving mass torts like this one. This does not however mean this is a class action, which is a very different form of litigation. In the MDL 2197, each case must be individually filed and pursued on its own facts, merits and circumstances.
MDL 2197 was prompted out of many complaints filed regarding DePuy Orthopaedics’ faulty ASR model for artificial hip implants from several states. A hearing was previously scheduled in November at Duke University School of Law regarding these complaints and the possibility of the creation of a MDL panel.
The MDL Panel (United States Judicial Panel on Multidistrict Litigation) was created in 1968 by an Act of Congress (28 U.S.C. Section 1407). The MDL determines whether there are civil actions in different districts that involve common questions of fact. If they do, then they can be consolidated in order to conduct pretrial proceedings and select judge or judges and courts assigned to such proceedings. This allows more consistency in pretrial rulings and supports judicial economy.
Included on this MDL panel are seven sitting federal judges appointed to serve by the Chief Justice of the United States. With this DePuy MDL 2197 created, patients who have been harmed by DePuy’s products will have a more efficient way to pursue their claims. This is great news for those who have been seriously effected and suffered pain from DePuy and their hip implants.