DePuy ASR Explant Preservation Order Issued
On April 6, 2011, Judge David Katz issued an order in U.S. District Court regarding the preservation of explanted DePuy ASR hip devices. It is imperative that these devices be preserved so that they can be used as evidence in potential lawsuits. The Explant Preservation Order describes the protocol that explanting hospitals and surgeons must follow when retaining these devices in laboratories and storage facilities.
Both Plaintiffs and Defendants must provide notice to opposing counsel about hip devices that were retained prior to this order. Although non-destructive inspection and analysis are allowed, Plaintiffs’ counsel and Defendants’ counsel must coordinate the testing and exchange of test results.
Prior to this Order, DePuy requested that all explanted hip devices be returned directly to them so they could conduct their own testing on the defective product. DePuy has since sent letters to hospital representatives and surgeons to inform them of their responsibilities in compliance with the new protocol.
Wexler Wallace LLP currently represents over 175 clients who have been harmed by defective hip implant devices. When DePuy first announced the recall, our firm recognized the importance of retaining removed hip prosthetics. We have worked closely with our clients and their providers to make sure that the removed devices have been properly preserved.