According to an Order signed by presiding Bergen County (N.J.) District Judge Brian R. Martinotti on October 8, a second DePuy ASR hip implant case “has been resolved.” Consequently, the case was taken off the trial calendar, which was originally scheduled to begin trial this month.
The judge would not elaborate, nor would comment on the news of this settlement when reached for comments.
This case was originally brought by Deborah and Kenneth MacDonald against DePuy Orthopaedics, as well as Johnson & Johnson, and trial was set to begin on October 21.
The settlement of this case leaves two similar cases pending, and Judge Martinotti has not yet assigned a trial date for those cases. The next case management conference for those two cases is set for November 21nd, barring any setbacks or settlements.
Earlier this month, another DePuy ASR hip case, which was set for trial later this month in San Francisco Superior Court, settled as well. Although the terms of that settlement were not disclosed, the settlement itself was confirmed by a statement issued from the firm representing the person suing DePuy.
According to documents that were filed on the first of October in that case, both parties have two months to file a request to dismiss the case.
It may just be speculation, but it appears as though DePuy knows something we don’t, in that they are willing to settle these cases across the United States instead of take their chances in court.
We will continue to keep you up to date with any developments on any DePuy hip implant lawsuits or settlements.
Feel free to contact one of our Gacovino Lake attorneys at 1-800-246-HURT (4878) for more information.