DePuy ASR MDL Litigation Update

A DePuy ASR amended case management order was signed on Wednesday, December 21, 2011 by the Honorable David Katz, the judge overseeing the federal multidistrict litigation against DePuy Orthopaedics, Inc. and Johnson & Johnson regarding the recalled DePuy Orthopaedics ASR hip replacement devices. Judge Katz signed Amended Case Management Order No. 13, which establishes fee and expense funds to reimburse and compensate attorneys for expenses incurred and services performed on administration of the MDL and on actions performed for the common benefit of all plaintiffs involved in this litigation.

This order applies to all plaintiffs’ attorneys who represent clients in the MDL proceedings. The document includes a Participation Agreement to be voluntarily signed by plaintiffs’ counsel in state courts who do not have cases in the MDL, but who wish to share the “common benefit work product.” Amended Case Management Order No. 13 amends the original Case Management Order No. 13 by including changes to the Participation Agreement, specifically regarding the rights and obligations of participating counsel.

The order also provides a detailed explanation of the common benefit expenses that may be reimbursed to attorneys. The document includes a monthly expense report form for attorneys to use in documenting expenses incurred while working for the common benefit. The order also describes the types of activities that qualify as common benefit work.


CMO 13

Amended CMO 13

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