Three Minnesota Plaintiffs File Against DePuy In State Court

Last week three plaintiffs filed lawsuits against DePuy Orthopaedics for harm caused by the badly designed ASR hip replacement systems. The lawsuits allege that not only did DePuy market unreasonably dangerous products, but also that Simpson and Associates – the Minnesota orthopedic company that sold the hip replacements – was aware of the ASRs’ problems years before DePuy issued the recall but to aggressively marketing the products nonetheless. Something differentiates these three lawsuits from the rest of the ASR litigation: these lawsuits were filed in Minnesota state court rather than joining the multidistrict litigation (MDL) in federal court.

MDL is a legal procedure whereby several different actions taking place in different districts involving similar claims against an identical defendant have their pre-trial procedures, such as discovery, consolidated into one action for the sake of efficiency. Cases are transferred from the respective courts in which they have been filed to one central venue where the MDL is to take place. The DePuy ASR MDL was ordered by the Judicial Panel on Multidistrict Litigation to be held in the U.S. District Court for the Northern District of Ohio.

This leads us to the question: If MDL is such an efficient procedure, why would these plaintiffs choose to file their cases in Minnesota state court? One criticism of the process is that individuals that join the MDL may not be able to tell their respective stories – the trials and tribulations through which they suffered due to the allegedly defective product. That is the rationale behind the decision made by these three Minnesota plaintiffs.

Since the DePuy recall, victims just like these have continued to come forward. As the stories of pain and suffering accumulate, it becomes more and more evident that DePuy will have to pay retribution for its apparent negligence. Johnson & Johnson, DePuy’s parent company, has reportedly set aside $922 million to pay for litigation costs related to the ASR. However, in order to ensure that you get your share of that money you will have to first speak to a legal professional.

The attorneys at the Rottenstein Law Group pride themselves on their compassionate, client-centered approach. With a collective 25 years of experience representing clients’ rights against large negligent corporations, RLG’s attorneys can help guide you through every step of your DePuy lawsuit. For a free consultation with RLG, please fill out this brief contact form.