Patients May Now File Directly in the Northern District of Ohio
Countless patients have suffered severe injuries as a result of the defective DePuy ASR Hip implants. The process of filing suit has also been an ordeal for some patients, but there is finally some good news. Pursuant to a case management order, any plaintiff whose case would be subject to transfer to MDL 2197, may now file their case directly in the MDL proceedings in the Northern District of Ohio. So why is this being done?
The order says that the direct filing of cases in the Northern District of Ohio is being permitted, “In order to eliminate delays associated with transfer of cases in or removed to other federal district courts to this Court, and to promote judicial efficiency.”
Only For Pre-Trial Proceedings
Those cases filed directly, that come from a district outside the Northern District of Ohio, will be filed in MDL 2197 only for pre-trial proceedings. Following the completion of all pre-trial proceedings, the case will be transferred to a federal district court of proper venue, based on the recommendations of the parties to that case.
The order also states that, “The inclusion of any action in In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation, MDL No. 2197, whether such action was or will be filed originally or directing in the Northern District of Ohio, shall not constitute a determination by this Court that jurisdiction or venue is proper in this district.
Patients with faulty DePuy ASR hip implants have already suffered enough. While the option to file directly in the Northern District of Ohio, might seem like a small victory, it is a victory nonetheless. The order will make things more convenient for patients and that should be a welcome relief.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer again in 2019, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys and a Top 100 Lawyer in Georgia by the National Trial Lawyers in 2019.