The first DePuy ASR hip replacement lawsuit was scheduled to be heard in federal court on September 9, 2013. However, Judge David A. Katz, who is presiding over the trials, issued an order on September 6 that delayed the trial another two weeks — until September 24. The judge says he conferred with both parties and determined that the case required “additional time for discovery” and “consideration of other legal matters.”

In the interim, an increasing number of plaintiffs may be contemplating the benefits of defective device lawsuit loans, to help them stay financially afloat while they await a settlement or verdict from their case.

DePuy ASR litigation may be lengthy 

In August 2010, DePuy issues a recall on the ASR implants, acknowledging a higher-than-expected failure rate. More than 90,000 DePuy hip implants had already been circulated by then, so it’s not surprising that thousands of defective device lawsuits have cropped up. To deal with the massive number of grievances, the cases were centralized in the Northern District of Ohio under Judge Katz.

Back in July, Ann McCracken of New York was selected as the first DePuy ASR hip replacement trial in a federal MDL that includes more than 7,800 cases filed nationwide. She initially filed her complaint in March of 2011, alleging that her metal-on-metal hip implant that she received in August of 2009 was defective and required removal in January 2011 – much sooner than the 15 to 20 year lifespan stipulated by the manufacturer.

In addition to the federal MDL, a couple of individual cases have gone to trial. Earlier this year, a California jury awarded a plaintiff $8.3 million in damages. Conversely, an Illinois jury ruled in favor of the defendants in a separate case. While MDL proceedings are designed to eliminate long wait times and speed up the discovery process, delays can – and often do – arise.

DePuy hip plaintiff funding

Ann McCracken, like many other plaintiffs, has been anxiously awaiting resolution of her case for almost three years. During this time, plaintiffs must pay medical bills and suffer the consequences of lost wages from their resulting disabilities. The expense of hip revision surgery and its related medical care places a financial burden on these plaintiffs and their families, so every delay is critical.

Even though the first bellwether trials are about to begin in the DePuy ASR MDL and answers seem imminent, these trials can stretch on for more than another year. If settlements are not reached during the early stages, thousands of cases could be remanded back to the U.S. District Courts where they were originally filed to be scheduled for individual trial dates. If that happens, plaintiffs will have to wait much longer to find out if financial compensation is in their future.

Defective device lawsuit loans – cash when you need it most

While lawyers typically do not charge their clients unless the case results in a settlement or award, many plaintiffs are struggling to pay their hospital bills, prescriptions and medical care expenses in the meantime. Law Street Capital is sensitive to this type of situation and has access to immediate funding to help plaintiffs through the difficult waiting period. There are no credit or employment checks.

A Law Street Capital representative consults with your attorney to discuss the case and decides whether or not plaintiffs will be approved for a pre settlement cash advance for DePuy hip plaintiff funding. This loan need only be repaid if the case settles or wins an award, so there is really nothing to lose! Call 1.866.FUND.662 to find out if you qualify to receive cash within 24 hours of approval.