DePuy Moves for Exclusion of Global Recall From Evidence in Bellwether Trial
A motion has been filed by DePuy lawyers seeking to prevent jurors from recognizing the worldwide recall of the hip implant in 2010, according to court records providing an update on the ASR bellwether trial. DePuy is asserting that the issue on hand is not relevant in this case, a legal brief made available to reporters says, referring to the so-called pre-trial motion presented before Judge David Katz in US District Court in Ohio. Judge Katz will still have to decide whether the issue of the recall will be relevant for the determination of the case set on September.
The issue of the 2010 recall is vital especially for plaintiff Faye Dorney-Madgitz, considering one ofher claims that DePuy is well aware of its defective design long before the product pullback was announced. Thus, the judge needs to determine whether the issue in question can be used as substantial evidence in establishing a conclusion of the case.
Although DePuy has been consistent in denying allegations that the design of the ASR is defective, it is known that if the issue of the recall is allowed to be presented in court, it may greatly affect the jurors’ manner in deciding the first bellwether ASR case.
For more information, please visit DePuy Moves to Exclude Global Recall From Evidence in First Ohio MDL Bellwether Trial