DePuy Hip Recall Lawyers Explain Differences Between DePuy Hip Replacement Lawsuits and Class Action Lawsuits

Prominent mass tort lawyers provide answers to questions many DePuy hip replacement recipients have had since the recent certification of DePuy hip recall lawsuits as a multidistrict litigation

Tuesday, December 28, 2010 - The lawyers at the law firm of Onder, Shelton, O‘Leary & Peterson, LLC handling DePuy hip recall lawsuits have seen a noticeable increase in questions from persons contacting them regarding the DePuy hip recall about class action lawsuits. Many are expressing concerns about the minimal settlements often associated with class action lawsuits and The Onder Law Firm‘s DePuy hip recall lawyers are providing information to dispel any myths and misconceptions that exist regarding DePuy hip replacement lawsuits.

Lawsuits stemming from the August 26, 2010 DePuy Orthopaedics, Inc. recall of more than 93,000 ASR XL Acetabular and ASR Resurfacing hip replacement systems were consolidated into the DePuy Orthopaedics Inc. ASR Hip Implant Products Liability Litigation MDL 2197 on December 3, 2010. Multidistrict litigation, or MDL, cases are not class action lawsuits and are only similar in that they also have a large number of plaintiffs suing one or a very small number of defendants. The MDL is a process used in the federal court system to expedite cases in which a large number of individuals have a common claim against a single entity. In these cases it would be time consuming and impractical for numerous judges to be ruling on the same matters and key personnel in the company being sued to be deposed thousands of times. Plaintiffs in a multidistrict litigation, those filing the DePuy hip recall lawsuits in this case, retain their own lawyers and their cases are settled independently based upon their merits and the damages sustained. This allows the discovery, or information gathering, process to occur more rapidly, as in a class action lawsuit, while still allowing cases to be decided individually.

"Those who have concerns over receiving a small settlement typical with class action lawsuits owe it to themselves to speak with an attorney handling DePuy hip recall lawsuits to get the facts prior to making a decision on how to proceed with their claim", stated James Onder, founding partner at Onder, Shelton, O‘Leary & Peterson, LLC.

The ASR line of DePuy hip replacement systems are part of a metal on metal class of hip implant systems in which normal wear of the device is known to release metallic debris and other problems causing premature failure. Product recalls have plagued Johnson & Johnson companies during the past year. Most recently there was the recall of 13 million packages of Rolaids softchews on December 9, 2010. Prior to that Children‘s Benadryl Allergy Fastmelt tablets and Junior Strength Motrin caplets were recalled in November for unspecified problems. Earlier in the year the company recalled tens of millions of Children‘s Tylenol packages as well as Accuvue contact lenses in Asia. 54 million packages of various Tylenol, Motrin and Benadryl products were recalled in January, which followed a further 6 million packages in 2009.

Onder, Shelton, O‘Leary & Peterson, LLC is a St. Louis based personal injury law firm handling serious injury and death claims across the country. They are experienced DePuy hip recall attorneys offering free legal consultation to all persons who have had a hip replacement with the DePuy ASR XL Acetabular or Pinnacle Hip Replacement Systems. Onder, Shelton, O‘Leary & Peterson has represented clients throughout the United States, and other firms throughout the nation often seek its experience and expertise on complex litigation. It is a recognized leader in products liability cases such as window blind cord strangulation and pharmaceutical litigation.

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