Defective Device Lawsuit Funding Helps DePuy Hip Plaintiffs

Whitney Taylor | September 16th, 2013

Defective Device Lawsuit Funding The first federal lawsuit involving the DePuy ASR hip implant has been delayed another two weeks. As plaintiffs continue to wait out the legal process in Ohio District Court, defective device lawsuit funding could provide much needed financial assistance to at least some in the MDL who are struggling with medical and daily expenses.

The delay was ordered by the judge overseeing multidistrict litigation involving DePuy ASR lawsuits, Judge David A. Katz. According to the order, Judge Katz determined more time was needed for consideration of some legal matters and additional discovery. The delayed designation of the case for trial, which did not occur until July, 2013, was also a factor in the decision to delay the start date.

DePuy hip plaintiffs affected by delayed date

Currently, the federal MDL involving the DePuy ASR hip implant has more than 7,800 cases pending. Multidistrict litigation was assigned for the purpose of streamlining early trial proceedings and preventing duplicate discovery for similar lawsuits. Judge Katz designated this particular case as a bellwether trial, which is an early trial that sets the tone for the rest of the legal proceedings and provides insight into how juries will respond to evidence and testimony in other cases as well.

The first bellwether case was originally filed by Ann McCracken of New York in March, 2011. McCracken alleged that she underwent her first hip replacement surgery in August, 2009. The DePuy ASR hip device was not recalled until August, 2010, one year after McCracken’s surgery. Although hip implants are designed to last 10 to 15 years, McCracken states in her complaint that she was forced to undergo revision surgery to receive a new implant by January, 2011, after suffering serious complications with her ASR device.

This is not the first time early trials have been delayed in the DePuy ASR MDL. The first trial, involving plaintiffs Faye Dorney-Madgitz and Harvey Madgitz, was originally scheduled to begin on June 3, 2013. That date was changed to September 9 back in May, to accommodate pending and forthcoming motions. By July, the designation of the bellwether trial involving Madgitz was vacated, and Ann McCracken’s complaint was designated as the first bellwether trial in its place.

Benefits of defective device lawsuit funding

Many changes in court proceedings can lead to a long and sometime difficult legal road for plaintiffs. In this particular MDL, thousands are awaiting the first trials that may indicate how their cases might be decided or settled in the future. In the meantime, bills for medical treatment and rehabilitation continue to pile up, while lost wages due to the plaintiff’s inability to work may take a serious toll.

Some that are struggling through the legal process may find relief through DePuy hip plaintiff loans. These loans are actually non-recourse cash advances, determined by the amount of the settlement or verdict a plaintiff is expected to receive. If funds are not recovered through litigation, the plaintiff is not responsible for paying back any portion of the cash advance.

Defective device lawsuit funding makes it feasible for some plaintiffs to ride out the lengthy legal process, without concern over how to pay their doctor or put food on the table for their families. The application process is quick and easy and no credit check is required. Cash can be advanced in as little as 24-48 hours in most cases. No payments are due until the plaintiff’s case is settled.

If risk-free DePuy hip plaintiff loans sound like the right choice for you, call LawStreet Capital today for more information. Our customer service representatives are standing by, ready to offer free, confidential assistance and begin the application process. Call us toll-free at 1.866.FUND.662 today.