As part of its preparation for the first ASR bellwether trial, DePuy has filed a pretrial motion before Judge David Katz asking the court to lay aside DePuy’s global recall in 2010 and dismiss it as evidence in the upcoming trial. DePuy lawyers argued that the issue of the recall is not relevant in deciding the case.


The motion was presented before Judge Katz, who also has the last say in deciding whether the issue of the worldwide recall is significant enough to be used in the hearing of the case. Ruling out relevancy is not an easy task though, and the judge would need to analyze and understand the weight of the matter. The presiding judge must distinguish whether the 2010 recall is important enough to be used as evidence.



The motion was expected from DePuy since plaintiff Faye Dorney-Madgitz will definitely persuade jury that DePuy Orthopaedics is well aware of the defects of its ASR design when the company issued a worldwide recall in 2010. DePuy is exhausting all chances they got in this bellwether trial because decision of this case may influence the outcome of pending ASR federal lawsuits.

 

To know more about it, please visit DePuy’s Motion to Dismiss Worldwide Recall as Evidence in First Bellwether Trial

(PRWEB) May 08, 2013


A federal judge recently issued an order postponing the second federal DePuy ASR bellwether trial from July to September, according to court documents. The Rottenstein Law Group, which offers information about the ASR hip implant and provides news updates on the product at http://www.depuyrecallnewscenter.com/lawsuits, offers insight into what this means for those looking to file DePuy lawsuits.


Judge David Katz issued the order on April 22, three days after the first ASR bellwether trial was pushed back from May to June, according to court documents in MDL-2197, U.S. District Court for the Northern District of Ohio.


“Delays can happen,” said Rochelle Rottenstein, principal of the Rottenstein Law Group. “This does not mean that those who seek to file hip implant lawsuits should be concerned about retaining an attorney for alleged harms such as metal poisoning, pain and discomfort. Every victim can have his or her day in court if he or she wants it."


Read full story at PRWeb.com: DePuy ASR Lawsuit Update: Rottenstein Law Group Comments on Delay of Second Federal Trial

The sport of softball is a younger version of baseball, and is considered as one of the popular competitive sport that is being played at the high school level. Student athletes may not realize the long term adverse effects of injuries sustained especially the risk of a hip fracture which usually leads to hip implantation surgery. Unfortunately, the DePuy hip implant system has been recalled in 2010 due to several complaints of being defective and patients were seeking compensation for the faulty medical products they had received.


The DePuy hip implants were manufactured by the DePuy Orthopaedic, a unit of the Johnson and Johnson, which is facing about 8,000 lawsuits in which several complainants are wondering when do the settlement offers for the DePuy hip cases expected to begin?


Meanwhile, some of the softball players' chief complains mainly occur from overusing muscles or from acute trauma that occurs suddenly by force. Aside from hip injury, other injuries include tendinitis, torn rotator cuffs, shoulder separation, tennis elbow, knee ligament injuries, broken wrists, broken fingers and bursitis of the elbow and shoulder.


“Overuse injuries occur over time due to stress on the muscles, joints and soft tissues without proper time for healing,” Elizabeth Quinn said from the “Sports Medicine” section of About.com. “They begin as a small, nagging ache or pain, and can grow into a debilitating injury if they aren't treated early.”


However, to reduce the risk of encountering injury from playing softball, here are some prevention techniques. One is the hip brush technique wherein some pitching instructors stress the hip brush as a mechanism to ensure the proper release point. A windmill pitching tutorial on the United States Fast-pitch Association website notes that the hip brush accomplishes two things: It "cues the arm to release the ball" and "snaps the wrist and elbow into the pitch."


There is danger from the excessive use of hip brush in which pitchers hit their hip and thigh with their pitching hand -- rather than merely brush it -- thereby interrupting their pitching motion and failing to maximize their follow-through. As a result, they may put potentially hazardous strain on their arm. Pitchers who use improper conditioning or mechanics are vulnerable to a variety of injuries, including ulna fatigue fractures. Toward preventing arm Injuries, pitchers must develop a thorough stretching and warm-up routine and repeat it before each practice and game. They must address their whole body, from their legs and core muscles to the shoulder, elbow and wrist. Building pitching-specific strength through resistance training can help pitchers stay healthy. "The tendons, ligaments and joint structures in the shoulders, arms and wrists are important to prevent injury," pitching coach and former Team USA pitcher Cheri Kempf wrote on the Softball Performance website. For more information about hip injury related cases, check The DePuy Hip Recall Center.

 
Image Credit to:

ehgirlssoftball.com

URL REFERENCES:

recordnet.com/apps/pbcs.dll/article?AID=/20120812/A_SPECIAL0231/120819975

livestrong.com/article/500066-my-softball-pitching-and-hitting-hip-is-causing-my-arm-to-hurt/

softballperformance.com/softball-history/