• DePuy Pinnacle Lawyers, DePuy Pinnacle Helpline: DePuy Hip Replacement Helpline has launched a DePuy Pinnacle Helpline to locate all people with a faulty DePuy Pinnacle. You must file your DePuy Pinnacle lawsuit right away. Recipients of the vari...

DePuy Settlement 8.3 Million, DePuy Lawyers Filing Immediate Lawsuits

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog, Depuy Hip Replacement News, DePuy Pinnacle Lawsuits, Stryker Hip Replacement, Stryker Hip Replacement Lawyer

Damages of 8.3 million have been  awarded in a J&J’s DePuy hip implant case. DePuy Helpline, DePuy Hip Repalcement lawyers are filing immediate lawsuits.

By GREG RISLING, Associated Press

Updated 1:56 am, Sunday, March 10, 2013

LOS ANGELES (AP) — A jury Friday awarded $8.3 million to a former prison guard who accused Johnson & Johnson’s DePuy Orthopaedics subsidiary of knowingly marketing a faulty hip implant that was later recalled.

Jurors found that the ASR XL implant was defectively designed and caused metal poisoning and other health problems suffered by Loren Kransky after he underwent surgery in 2007.

However, the panel rejected the 65-year-old’s claim that DePuy failed to adequately warn of the risks associated with the implant, and it didn’t find the company acted with malice, prohibiting Kransky from collecting any punitive damages.

The fraud and negligence suit is the first of nearly 11,000 similar cases involving an all-metal ball-and-socket hip joint that was pulled from the market two years ago to reach trial in the United States. Others like Kransky claim the implants have left them with crippling injuries or in need of other replacement surgeries.

Johnson & Johnson has set aside about $1 billion to cover costs of the recall and lawsuits.

Plaintiff’s attorney Doug Saeltzer said the verdict bodes well for the other cases.

“The message is that these cases are valid, that the injuries are real and severe, and Johnson & Johnson and DePuy have to pay significant money for their mistakes,” Saeltzer said.

Loire Gawreluk, a DePuy spokeswoman, said the Warsaw, Ind., company plans to appeal the verdict.

“We believe ASR XL was properly designed, and that DePuy’s actions concerning the product were appropriate and responsible,” she said.

During the trial, Kransky’s lawyers told jurors that black pieces of metal flaked off the implant and caused a type of poisoning that could have killed him if the material had not been removed.

 

Brian Panish, one of Kransky’s attorneys, said during closing arguments that the company “knew this hip was defective long before Mr. Kransky got it,” the Los Angeles Times reported.

“They wanted to play Russian roulette with patients. This defendant didn’t care about patient safety,” Panish said.

Defense attorneys denied Kransky’s claims and argued he had a host of pre-existing health ailments and the hip implant didn’t make him worse.

The hip joint was sold for eight years to more than 90,000 people worldwide. New Brunswick, N.J.-based Johnson & Johnson stopped making the product in 2009 and recalled it the next year.

The artificial part is meant to replace deteriorated joints causing severe pain and limiting mobility, and is generally expected to last 10 to 20 years. With the DePuy hip implant, one in eight patients needed theirs replaced within five years.

Attorneys representing the patients claim J&J knew about the problems in 2008. The company has denied those allegations.

Johnson & Johnson, the world’s biggest provider of health care products, has issued more than 30 product recalls since 2009. Most have involved nonprescription medicines such as adult and children’s Tylenol and Motrin, but other recalls were for prescription drugs for conditions such as epilepsy or for contact lenses.

Johnson & Johnson shares rose 44 cents to $78.19 Friday.  No harm done to J & J apparently. Our DePuy lawyers are accepting cases for immediate filing in some states. Call to find out if your state has passed the statute of limitations.

 

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Johnson and Johnson Hip Replacement Recalls Investigated

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

At the DePuy Hip Replacement Helpline we are keeping you up to date on all the news surrounding the DePuy Hip Replacement. We continue to receive calls from people with failed metal on metal hip replacements. Our Hip replacement lawyers are still accepting DePuy Hip Replacement lawsuits.

NEW BRUNSWICK, New Jersey — Federal prosecutors are investigating Johnson & Johnson’s practices in marketing a line of hip replacements recalled in 2010 because many had to be replaced within a few years — part of a string of more than 30 product recalls by the health care giant in the last 3 1/2 years.

The U.S. Attorney’s Office in Massachusetts and the Civil Division of the U.S. Justice Department last August sent Johnson & Johnson an “informal request” for information about its ASR XL hip replacements, J&J reported in a regulatory filing Friday.

The company’s annual report to the Securities and Exchange Commission states that the government has asked for additional documents from DePuy Synthes and two related subsidiaries. They have turned over the documents and are cooperating fully with investigators, the filing states.

DePuy Synthes is one of the world’s biggest makers of joint replacements, surgical trauma equipment and other orthopedic surgery products.

The filing didn’t specify what the government is looking for, but J&J has had legal problems before over its artificial joints. Just days before the ASR systems were recalled, the Food and Drug Administration told DePuy to stop marketing its Corail Hip System for two unapproved uses.

And in 2007, J&J agreed to pay $84.7 million in fines as part of a settlement of a sweeping investigation by the Justice Department into alleged kickbacks. J&J and the four other top U.S. makers of replacement hips and knees were accused of paying surgeons to get them to use their products exclusively, from at least 2002 through 2006.

DePuy recalled two artificial joint systems — the ASR Hip Resurfacing System and the ASR XL Acetabular System — in August 2010 because of unexpectedly high rates of failure. That means they caused pain and difficulty walking because they no longer fit perfectly, or that tiny pieces of metal had flaked off inside the patient’s body, allegedly causing immune system problems in some people. More than 90,000 of systems were recalled in the U.S. and other countries.

That was part of an embarrassing spate of J&J recalls of artificial joints, contact lenses, prescription drugs and over-the-counter medicines that began in September 2009. Reasons range from contamination with bacteria and incorrect levels of a drug’s active ingredient to a nauseating smell on containers and liquid medicines that may contain tiny metal shavings.

Lost product sales and expensive, ongoing factory upgrades have cost the company, based in New Brunswick, New Jersey, well over $1 billion.

Artificial joint systems, made of high-tech metals, plastics or ceramic, replace deteriorated joints causing severe pain and limiting mobility, usually in older folks with advanced arthritis. Hip replacement parts include the top of the thigh bone, the ball atop that and a plate lining the hip socket.

They’re generally expected to last at least 10 to 20 years. In the case of the recalled DePuy ASR hip systems, one in eight patients needed theirs replaced within five years.

Attorneys representing patients needing replacements have alleged Johnson & Johnson knew about the problems with the DePuy hip systems back in 2008, but didn’t stop selling them until 2009 and didn’t recall the remaining products until 2010. The company has denied that and said it acted properly. It has set aside about $1 billion to cover costs of the recall and lawsuits.

Last month, the first trial began among thousands of lawsuits brought by people accusing J&J of knowingly selling faulty implants. The fraud and negligence case, brought by a former prison guard, is being heard by a jury in Los Angeles.

Artificial hips and knees from multiple manufacturers have been recalled for various problems in recent years.

Just last week, Johnson & Johnson issued a recall on a different line of its hip implants, the “Adept” brand all-metal total hip replacement system, also because a higher-than-expected percentage of one part of them had to be replaced.

A patient registry in the United Kingdom found about 12 percent of people who had gotten those joints needed them replaced within seven years. In Australia, a registry showed 7 percent of patients needed replacements in just three years.

J&J said it was recalling all 7,500 Adept implants shipped worldwide between 2004 and September 2011. Most likely were already implanted in patients, who were told to contact their doctor if they had problems.

If you or a loved one has a failed DePuy or any metal on metal or metal component hip replacement including the DePuy Pinnacle, DePuy ASR and Stryker Rejuvinate and ABG II Modular Stems call the hip replacement helpline for an experienced hip replacement lawyer.

DePuy Pinnacle Lawyers, DePuy Pinnacle Helpline

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog, Depuy Hip Replacement News, Stryker Hip Replacement, Stryker Hip Replacement Lawyer

DePuy Hip Replacement Helpline has launched a DePuy Pinnacle Helpline to locate all people with a faulty DePuy Pinnacle. You must file your DePuy Pinnacle lawsuit right away.

Recipients of the various metal on metal hip implants are suffering nationwide.

“I used to ski, hike and swim. Tennis was my favorite sport and I miss it so much. I can’t do any of that anymore. All I can do now is watch videos on the computer or watch TV. As you can imagine, I gained weight (I just went on a diet) since I had my hip replaced. I can’t lose weight by exercising, and because I can’t exercise, my whole body aches. I guess I will get revision surgery at the last minute, if they can still do it. The doctor told my mother that my hip might not even be able to get fixed again, so that has made me even more hesitant.”

History Of the Failed DePuy

2009

In August, the U.S. Food and Drug Administration (FDA) warns DePuy about the safety of an artificial hip device sold abroad. DePuy’s research and clinical data are inadequate, so it can’t sell the product in the United States. Meanwhile, DePuy continues to market the product outside America.

2010

DePuy begins phasing out two models of its all-metal implants that are sold in the United States. The company cites falling sales. (According to a 2012 New York Times report, DePuy actually started planning the phase-out shortly after receiving the FDA warning.) Reports of complications and high rates of early device failure have already surfaced. DePuy defends its devices by blaming failures on surgeon errors.

2010

DePuy finally recalls its Articular Surface Replacement (ASR) Acetabular Hip System and ASR Hip Resurfacing System. It cites “higher than expected revision rates” for the all-metal devices.

2011

The FDA warns DePuy to stop selling certain products, including artificial joint systems, without proper approval. It also cites ineffective quality control procedures.

2012

 DePuy Pinnacle, Another J & J Failure

  • Pain in the groin, hip or leg
  • Need for painful revision surgeries
  • Difficulty getting up, standing and walking
  • Chromium or cobalt toxicity
  • Swelling and inflammation

Metal Toxicity Symptoms

  • chest pain, shortness of breath
  • numbness, weakness, change in vision or hearing
  • fatigue, feeling cold, weight gain
  • change in urination habits
  • high levels of metal in the blood

DePuy Pinnacle, Another Failure has been recalled.

New Recall Adept Hip Replacement

Johnson and Johnson has a history of failed implants and now the Stryker Rejuvinate and ABG modular stems have been recalled.

Call our Hip Replacement Helpline today

 

 

Stryker Hip Replacement Recall Lawsuits Continue To Proceed

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog, Stryker Hip Replacement, Stryker Hip Replacement Lawyer

Stryker hip recall lawsuits are moving forward in a consolidated litigation established in New Jersey Superior Court, Bergen County .   Judge Brian R. Martinotti has scheduled the litigation’s initial conference for February 20, 2013 at 10:00 a.m. (In re Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Litigation, No. 296 (N.J. Super. Ct., Bergen Cty.)

Both the Stryker Rejuvinate Stem and ABGII Modular Hip Stem were recalled and the hip replacement helpline Stryker division has had numerous calls from people suffering from a failed Stryker metal component hip replacement.

On January 17, 2013, the FDA issued a safety communication regarding metal-on-metal hip implants. The press release is an update to the agency’s evaluation of the potential complications of these devices. The update notes that all-metal implants carry risks that are unique because of the friction of their components.

Stryker has claimed the new hip replacement would:

  • Rejuvenate hips were first made available by Stryker in February 2009
  • increased stability,
  • better mobility,
  • superior fit over other hip replacement implants on the market.

Apparently this is not the case as it was necessary to recall the implants and lawsuits are flooding in. Get an experienced Stryker lawsuit Lawyer at the Stryker Hip Replacement Help division of Hip Replacement Helpline

Thousands of people have been filing Stryker Hip Replacemant lawsuits like Laray Johnson, a resident of Alabama. He received a Stryker Rejuvenate implant in his right hip on March 22, 2011. He then received a Rejuvenate implant in his left hip on June 24, 2011. This was a year prior to the voluntary Stryker hip recall. Mr Johnson began to experience substantial pain and discomfort around the area of the implants.

Thousands are filing lawsuits and we hear from many every day with telling us about  device deterioration and corrosion,  serious problems, bone fractures, metallosis, tissue damage, and severe pain.

Call us for a Stryker lawyer today.

Stryker Hip Replacement Lawsuit Update, Stryker Hip Replacement Lawyers

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog, Stryker Hip Replacement, Stryker Hip Replacement Lawyer

Stryker has recently recalled it’s Rejuvinate Hip replacement and ABG II Hip Stems due to the number of failed components causing complications. In June 2012, Stryker initiated a voluntary recall of its Rejuvenate and ABG II modular-neck hip stems. “While modular-neck hip stems provide surgeons with an option to correct certain aspects of a patient’s anatomy and hip biomechanics, we decided to voluntarily recall these modular-neck hip systems due to the potential for fretting and corrosion at the modular-neck junction which may result in ALTR (adverse local tissue reactions), as well as possible pain and/or swelling at or around the hip.” Since that date we have had  100′s of calls from people with a failed hip replacement.

The DePuy Hip Replacement Helpline announces The Stryker Hip Replacement Helpline. The mission of the new Stryker Hip Replacement Helpline is to locate all people with a failed Stryker who have required revision surgery or have been told they need revision surgery and help them file a Stryker Hip Replacement lawsuit.

New Jersey Stryker Lawsuit Update

The New Jersey Supreme Court has ruled that all cases in the state should and will be consolidated into a “multicounty litigation” in Bergen County Superior Court before Judge Brian R. Martinotti.

Stryker Hip Replacement Helpline  lawyers are filing lawsuits for injury from the newly recalled Stryker Rejuvinate Hip Replacement and ABG II Modular Stems.

A number of  patients with failed metal component  hip replacements have chosen  to file a Stryker hip replacement lawsuit after experiencing serious complications linked to the devices, and a consolidation of a number of lawsuits has taken place.

If you have been injured by a Stryker Rejuvinate Hip replacement recall  or the ABG II Modular Stems  we want to hear from you and  connect you to a  lawyer to review your medical records to see if you have a claim against Stryker for your failed hip replacement.

 

Lawsuit Bellwether Trials Set For 2013, Hip Replacement Lawyers Ready

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog, Stryker Hip Replacement

The  Hip Replacement bellwether trials are set for 2013. The judge overseeing thousands of United States lawsuits over defective DePuy ASR hip implants has set the first trial for May 6, 2013, and the second will follow on July, 8, 2013.

In a status conference on July 25, 2012, the Hon. Judge David A. Katz announced the upcoming schedule for moving federal cases forward In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL No. 2197). He said the bellwether cases must be selected by Aug. 8, 2012, and the discovery process must be completed by Nov. 1, 2012. The designation of the cases for the bellwether trial is due by Dec. 1, 2012.

DePuy ASR Hip Lawsuits

Will decide as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device,3 the ASR Hip Resurfacing System, in August 2010.

All recipients of the metal on metal hip replacements are urged to check for chromium and cobalt toxicity.

New Hip Replacements, Stryker Hip Replacement Recalls

Stryker has  recalled Rejuvenate and ABG II modular-neck hip stems

Types of Metal On Metal Hip Replacements

Metal Ball and Polyethylene (Plastic) Cup or Liner (MoP) .
Metal Ball and Metal Cup (MoM)
Ceramic Ball and Plastic Cup or Liner
Ceramic Ball and Ceramic Liner
Ceramic Ball and Metal Socket

Rejuvenate and ABG II modular-neck hip stems ( Stryker metal component hip replacements )

Stryker Hip Replacement Outreach Campaign Launched To Locate People Injured By The Stryker Recall

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

Stryker has recalled their Rejuvenate and metal stem hip replacements for problems and complications. The Strkyer recall is new but, we expect thousands to be injured and need painful revision surgery. The new metal component hip replacement appears to have the same problems as the metal on metal DePuy including chromium and cobalt toxcity.

A campaign is now being launched to locate victims of the Stryker recall who have the:

 

  •     Stryker® Rejuvenate Modular Primary Hip System,
  •     Stryker® Rejuvenate Total hip System,
  •     Modular-Neck Stems,

The first round of the Stryker recall outreach  is projected reach the following cities

  • New York, N.Y.,
  • Los Angeles, Calif.,
  • Chicago, Ill.,
  • Houston, Tex.,
  • Philadelphia, Pa,.
  • Phoenix, Ariz,.
  • San Antonio, Tex.,
  • San Diego, Calif.,
  • Dallas, Tex.,
  • San Jose, Calif.,

Second  Stryker recall Outreach Campaign

  • Jacksonville, Fla.,
  • Indianapolis, Ind.,
  • San Francisco, Calif.,
  • Austin, Tex.,
  • Columbus, Ohio,
  • Fort Worth, Tex.,
  • Charlotte, N.C.,
  • Detroit, Mich.,
  • El Paso, Tex.,
  • Memphis, Tenn.,

Third round of the Stryker recall outreach campaign

  • Baltimore, Md.,
  • Boston, Mass.,
  • Seattle, Wash.,
  • Washington, DC,
  • Nashville,
  • Denver, Colo.,
  • Louisville,
  • Milwaukee, Wis.,
  • Portland, Ore.,
  • Las Vegas, Nev.,

Additional Stryker Lawsuits  Outreach

  • Oklahoma City, Okla,
  • Albuquerque, N.M.,
  • Tucson, Ariz.,
  • Fresno, Calif.,
  • Sacramento, Calif.,
  • Long Beach, Calif.,
  • Kansas City, Mo.,
  • Mesa, Ariz.,
  • Virginia Beach, Va.,
  • Atlanta, Ga.,
  • Colorado Springs, Colo.,
  • Omaha, Nebr.,
  • Raleigh, N.C.,
  • Miami, Fla.,
  • Cleveland, Ohio,
  • Tulsa, Okla.,
  • Oakland, Calif,.
  • Minneapolis, Minn.,
  • Wichita, Kans.,
  • Arlington,,

Stryker Hip Implant Recalls, Stryker Hip Replacement Lawyers

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

Hip replacement lawyers are accepting clients for the The Stryker ABG II modular-neck stem used for total hip replacement surgery and
The Stryker Rejuvinate modular-neck stem hip implant. Stryker recalled both of these products on July 4, 2012 because the metal of the neck and stem can corrode, releasing toxic metal ions that can damage tissue and bones around the hip implant.  This can cause severe pain, inflammation, metal poisoning (metallosis from chromium and cobalt), tissue death (necrosis), bone damage, pseudotumers, gait issues, and other serious problems. Revision surgery (to remove and replace the recalled Stryker hip product) may be required.

Hip Replacement Lawyers and the DePuy Hip Replacement Helpline has launched a special division and helpline for victims of a failed Stryker hip implant.

Styker Orthopaedics has announced a recall of the ABG II modular-neck stem hip implant. Metal-on-metal parts of the device can corrode, shed toxic nano-particles into the body, and cause severe pain, inflammation, metal poisoning (metallosis), pseudotumors, and more
What You Can Do & How a Stryker ABG II Hip Implant Lawsuit Can Help

The Stryker ABG II modular-neck stem

The Stryker ABG II modular-neck stem is a new type of multi-piece hip replacement system. When it was approved, the company claimed that its many interchangeable parts made it ideal for matching each patient’s unique biomechanics.
Although the Stryker ABG II is technically a plastic-on-ceramic hip implant, the device has a unique neck/stem junction that is a metal-on-metal design. Like other metal-on-metal hip implants (including the DePuy ASR, which was recalled in 2010), the Stryker ABG II was fast-tracked through the FDA’s approval process via the 510(k) system. The FDA allows manufacturers to avoid conducting long-term safety studies of new devices so long as they are “substantially similar” to existing devices
Stryker ABG II Recall

Stryker first warned orthopedic surgeons about the risks of the ABG II hip implant in an Urgent Field Safety Notice that was sent in May 2012. The warning advised doctors to be aware of the following severe side effects associated with the ABG II hip implant:

  •     Excessive corrosion at the neck joint, which could shed toxic nano-particles into the patient’s body
  •     Pain, inflammation, tissue damage, and swelling caused by toxic metal nano-particles
  •     Allergic reaction, especially in patients with metal sensitivity
  •     Osteolysis (dissolving bone loss) caused by metal nano-particles

Complications

  •     Chronic pain in the hip joint
  •     Inflammation, swelling
  •     Less walking ability, changes in gait
  •     Metallosis (metal poisoning)
  •     Corrosion of the hip implant
  •     Tissue damage or death (necrosis)
  •     Bone loss in the hip
  •     Pseudotumors

The Stryker Rejuvenate hip implant

Stryker Rejuvenate Recall
In July 2012, Stryker voluntarily recalled its Rejuvenate and ABG II modular-neck stems from the market. The products were recalled due to reports of fretting and corrosion. According to some reports, the FDA received two adverse events linked to the recalled devices, including one in which the device was removed.

On May 28, 2012, Health Canada announced that Stryker Rejuvenate was being recalled so the instructions for use could be updated. The recall affected only Rejuvenate devices sold in Canada and was based on a reported rate of less than one percent for revisions associated with the Rejuvenate. So far, no such Stryker recall has been announced in the US.

Call the Stryker hip implant helpline for a Stryker hip replacement Lawyer Today

DePuy Hip Replacement Lawyers, DePuy Hip Replacement Lawsuit

Written by lisaspitzer on . Posted in Depuy Hip Replacement Blog

DePuy Hip Replacement Helpline keeps our readers updated on all new DePuy Hip Recall Lawsuit news. You must file your lawsuit now. Time is running out for filing your DePuy lawsuit. New DePuy Hip Replacement news follows.  On April 25, 2012, the European Parliament’s Environment and Public Health Committee unanimously passed a resolution seeking to create a medical implant registry, which will allow health officials to implement measures to help track failure rates of dangerous medical devices, such as metal-on-metal hip implants.* In addition to creating a medical implant registry, the resolution also contained recommendations to keep patients safe from dangerous medical devices, such as: vigilant monitoring, product traceability, and establishing a pre-market authorization system. The case of defective metal-on-metal hip implants and other dangerous medical devices “have shown a failure of the current system of certification of compliance . . . as well as of the controls of the notified bodies and their surveillance by national competent authorities,” the Members of European Parliament (“MEPs”) said.

European Parliament Calls For Strong Measures To Avert Future Metal-On-Metal Hip Implant Disasters

According to the resolution, European Union legislation to monitor dangerous medical devices will be revised this year. MEPs hope to improve the transparency and raise the criteria for checks, inspection, market surveillance and information sharing of adverse effects from dangerous medical devices. One aspect of the resolution aims to strengthen traceability and coordination of devices such as metal-on-metal hip implants, which will make it easier for patients and health care professionals to report adverse events. The resolution calls for a pre-market authorization system for dangerous medical devices to help patients be aware of the devices’ risks. The system will allow information to be exchanged so that it will be easier for patients to be notified of defects; it also includes a protocol for patients to obtain compensation if they are injured. Finally, the resolution suggests creating a single European database to bring together information about medical devices on the market, including device registration, surveillance, clinical investigations, notified bodies and EC certificates issued.

Dangerous Medical Devices Such as  DePuy Metal-On-Metal Hip Implants Lead to  DePuy hip Replacement lawsuits.

Individuals who suffered from defective devices such as metal-on-metal hip implants are filing lawsuits against metal hip manufacturers to seek compensation for their injuries. The lawyers at Bernstein Liebhard LLP are actively involved in numerous litigations concerning metal-on-metal hip implants, including: In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”), which is currently underway in the U.S. District Court for the Northern District of Ohio and In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation (“MDL No. 2244”), which is currently underway in the U.S. District Court for the Northern District of Texas. The firm is also investigating cases concerning another metal-on-metal hip implant manufactured by Wright Medical Technology, Inc. Lawsuits involving this hip replacement were recently consolidated in In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation (“MDL No. 2329”), which is now pending in the U.S. District Court for the Northern District of Georgia.