The latest legal news is good for thousands of Americans who are suffering from the effects of the recalled hip implants made by Stryker. On May 30, 2013 the United States Judicial Panel on Multidistrict Litigation (JPML) is scheduled to hear oral arguments in Louisville, Kentucky on the formation and consolidation of all federally filed lawsuits against Stryker for its Rejuvenate and ABG II hip implants. For Information En Español.
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Victims of the recalled hips have been diagnosed with high levels of metal poisoning, tissue and bone damage, pain, swelling and pseudotumors. Stryker recalled its hip implants because the high risk for metal corrosion and adverse tissue reactions.
How Does the JPML Process Work?
Each year the JPML holds hearings across the country to coordinate and consolidate certain kinds of civil cases that are filed in different federal courts, but involve the same or common facts, into place for pretrial proceedings and discovery. This is especially important for recalled hip victims who may be able to pool their resources to create a unified offensive against a giant medical device manufacturer like Stryker or De Puy.
The JPML Panel consists of seven sitting federal judges who must be from different federal judicial circuits. Each panel member judge is appointed by the Chief Justice of the United States. In addition to the hearing set in Kentucky this May, additional hearings will be held on: July 25, 2013 in Portland, Maine; September 26, 2013 in Philadelphia, Pennsylvania; and December 5, 2013 in Las Vegas, Nevada.
The JPML hears many different types of cases in addition to defective product and drug claims. The first MDL case involved an allegation of price-fixing against General Electric.Since its inception in 1968, the JPML has centralized nearly 400,000 cases and millions of individual claims. While product liability cases are the largest share of MDL litigation today, antitrust and sales practices are also very common.
Stryker Hip Cases in New Jersey State Court
Our Miami lawyers for recalled hip implants filed one of the very first cases in the country against Stryker on behalf of a South Florida woman. The case is pending in Bergen County, New Jersey. Judge Martinotti is overseeing the New Jersey state court hip cases and holds monthly case management conferences to ensure the litigation moves quickly and efficiently.
Recently I attended a hearing in New Jersey on a Stryker lawsuit and found that Judge Martinotti was fully prepared to undertake the anticipated cases of hundreds, if not thousands, of injured victims. So far there are nearly 150 lawsuits pending against Stryker in New Jersey state court alone. Read our hip implant complaint.
However, there are a considerable number of Styrker cases filed in other jurisdictions across the country, including the District of Minnesota. Lawyers will be arguing at the anticipated JPML hearing to try to direct the cases to a plaintiff friendly jurisdiction.
Currently, there are motions pending to send the consolidated cases to Minnesota or to Illinois. For some reason, the District of Minnesota is the busiest district for MDLs with 9 active cases currently pending, including Baycol, Levaquin and Medtronic-Fidelis.
Placing hip implant cases in an MDL is generally more efficient and less expensive for all parties. For example, a defendant in a defective drug case would be subjected to only one deposition rather than having their testimony taken by 100’s of lawyers in individual cases. This is one reason why the majority of large corporations favor the MDL process.
Our Miami hip injury lawyers are leaders in the fight against Stryker, De Puy and other defective product manufacturers. We are dedicated to the belief that patient safety should always come before corporate profits. If you are a victim of a recalled hip implant we urge you to undergo the appropriate medical evaluation and contact our office for a free consultation. Even if you are experiencing no symptoms or pain, you may be entitled to compensation. Contact Aronfeld Trial Lawyers today for a no obligation hip implant lawsuit evaluation.