By: Kelda Doherty
The United States Judicial Panel on Multidistrict Litigation (JPML) has this month ordered that pre-trial proceedings concerning the Stryker's Rejuvenate and ABG II modular-neck hip implant products litigation should be centralized. Currently 41 actions are pending in sixteen states with a further 110 potentially related actions pending in others. Minnesota was chosen as the appropriate district for these proceedings with Judge Donovan W. Frank chosen as the best available judge to handle the proceedings. It was found that these actions involve similar questions of fact concerning design, manufacturing and marketing regarding Stryker and ABG hip products. The JPML also held that the devices contained enough similarities to allow for multidistrict litigation. Centralization will allow for the conserve of counsel resources, prevent duplicate discovery and inconsistent pre-trial rulings.
Our firm has been litigating Stryker hip implant cases in the New Jersey consolidation before Judge Martinotti, a more mature litigation which has created a pilot mediation program for Stryker plaintiffs. Hopes are that there will be significant and fair settlements for plaintiffs.