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New Direction: Preserving Testimony for Terminally Ill Plaintiffs

For the 10,000 DePuy ASR lawsuits that had been filed in the United States, about which similar claims are being demanded, the judicial panel decided to consolidate them, online resource say. Indeed, there are 6,000 lawsuits that were transferred under the multi district litigation, international news agency Reuters reports in a dispatch. The judicial panel has already scheduled two ASR bellwether trials that are originally scheduled in June 2013. However, they were rescheduled to commence in September 2013, according to news article from the reuters.com website. DePuy's metal-on-metal hip replacement device, specifically the ASR Acetabular System, has been one of the most popular hip replace devices that were used since it was released in the market. Because of the reported adverse effects to its recipients, nonetheless, they led to a company-ordered product recall in August 2010.

Presently, only two DePuy ASR lawsuits had been brought into conclusion. The first one resulted to a $8.26 damage award granted to complainant   Montana prison officer Loren Kransky. However, an unexpected twist took place when the assigned jury sided with DePuy Orthopaedics during the second trial that left baffled spectators wondering. According to court documents, the Food and Drug Administration's preliminary review was the vital ingredient in the run up to the jury decision in which the accusation was then shifted to the agency.

The question now lies on when and how does the judicial panel decides on whose plaintiff goes to trial first considering that probably some of the plaintiffs will not be able to wait any longer due to reasons that they cannot control such as illness worst death. It is a plain fact that not all plaintiffs can be catered to altogether and the judicial panel may be able to put terminally ill plaintiffs into consideration by putting them into the priority list. It is then important for these plaintiffs and lawyers to identify the extent of time that their clients will be able to wait so they may be able to plan precautionary measures, if necessary, such as preserving the plaintiff's testimony.

Legal experts say that it is very important for plaintiffs to record their testimony through video or audio so that a trial can still proceed even without the presence of the one complaining. A recording may not be as credible as the one presented during the trial itself but still it can be considered admissible in court. This is an act of not just safeguarding significant evidence but also a way of protecting the rights of all injured DePuy hip recall plaintiffs that are still pending in court. You may refer to depuyhiprecallnewscenter.com for more information.
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