Approximately 11,500 DePuy ASR cases are pending across the nation. The majority of the cases are pending in the consolidated federal multi-district litigation (“MDL”) before Judge David Katz in Toledo, Ohio. Of the nearly 8,000 cases pending in the MDL, Ann McCracken’s case was selected as the first to go to trial. A Bellwether case is an example case selected from the pool of pending cases that is scheduled for trial.
The first bellwhether trial in the New Jersey consolidated state court litigation is scheduled on October 21, 2013 in Bergen County, New Jersey. Additional trials are also scheduled in San Francisco, West Palm Beach and Chicago in the fall of 2013.