Depuy Recall

The statute 28 U.S.C. § 1407 of the court rules for Multidistrict Litigation motion filing is in accordance with the United States Judicial Panel On Multidistrict Litigation. The Panel that handles the pending motions for Multidistrict Litigation consolidation is made of seven appellate and district court judges that was appointed by the Chief Justice of the United States Supreme Court. In order to have your case approved by the United States Judicial Panel On Multidistrict Litigation you need to properly file your case by following the rules and guidelines set legally by the Supreme Court. There has been a successful MDL approval for DePuy hip replacement lawsuit. There has been a case regarding defective DePuy hip replacement devices which was not approved by the presiding judge. For a successful filed and approved motion for MDL consolidation, it is important to follow the correct rules and guidelines.

Defining Multidistrict Litigation

First and foremost, let us shed light into what a Multidistrict Litigation is. A Multidistrict Litigation is a legal process which enables the consolidation of related pending cases that were filed in different judicial courts. The choice for the approval of the motion and the location of the district court where the cases are to be handled is based on the convenience of the opposing parties involved as well as the witnesses and documents needed for the trial.

The cases involved in the motion for MDL consolidation must have at least two common question of fact and  they should have been filed from different locations of district courts. The request for MDL motion must be made as a written document bearing crucial information and has to follow the format given by the legal body presiding over it. There must be a caption “BEFORE THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION” below the motion and a brief description about the new litigation must come after the caption. At the end of the document, the name, street address, email address and phone number of the attorney as well as the party handled by the lawyer must be placed. There must be a maximum of 20 pages memorandum which supports the motion and there should be a courtesy copy given to the Panel.

There were reports of defective DePuy ASR XL Acetebular System and DePuy ASR Hip Resurfacing System products which brought about the issuance of a DePuy hip recall. An efficient and experienced lawyer can help you sort through your options.