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A New Short Form Complaint Joins the MDL Against DePuy ASR

In August 2010, DePuy enacted a voluntary DePuy ASR hip recall. Just four months later, on December 3, 2010, the U.S. Judicial Panel on Multidistrict Litigation (JPML) opted to consolidate qualifying DePuy ASR hip lawsuit complaints into a multidistrict litigation (MDL).

Known as MDL No. 2197, the ASR MDL is headquartered in the U.S. District Court for the Northern District of Ohio, under the honorable Judge David A. Katz. According to May 2012 reports, the MDL incorporates at least 4,200 lawsuits, while an additional 2,000 await their day in state court.

The first bellwether trial, which will set the tone for future MDL proceedings, is scheduled for May 2013. A second bellwether case is slated for July 2013.

A short form complaint is transferred to Ohio

On July 25, 2012, Robert T. Whitson filed a DePuy ASR lawsuit against DePuy Orthopaedics and Johnson & Johnson. Whitson’s case was filed in the Eastern District Court of the State of Michigan, but adopts the short form complaint for the DePuy hip MDL No. 2197, and will be therefore transferred to the U.S. District Court for the Northern District of Ohio. Whitson was implanted with the ASR hip system, which was subject to the August 2010 recall.

Whitson, a resident of Michigan, received a DePuy ASR hip implant in his right hip on January 22, 2008, at Providence Hospital in Michigan. Soon, after his surgery, Whitson began complaining of discomfort, pain, fatigue, swelling, and difficulty standing and walking. As a result, he required additional medical care and monitoring.

An explanation of the short form complaint

The DePuy ASR MDL short form complaint is a simple, streamlined form to join MDL proceedings. The short form allows for 23 causes of action. Through his DePuy hip lawyer, Whitson adapted all but two, including negligence, defective design, failure to warn, breach of warranty, fraud and deceit, unfair trade practices, and intentional infliction of emotional distress.

He also claims personal injuries, economic losses, and loss of services. He requests compensatory damages for pain and suffering, emotional distress and economic loss, as well as punitive damages.

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