Lyons II, Thomas V.

Honorable Thomas V. Lyons II, Circuit Judge

Law Division
Trial Section

Standing Orders
In Re Actos
In Re DuPuy

Next Case Management Conference: June 7, 2017, at 9:30 a.m. in courtroom 2404.

3/2017 Update Re: ASR Hip Settlement Program:
The Settlement Oversite Committee ("SOC ") and DePuy Orthopaedics, Inc. have approved an extension to the 2015 Settlement to cover claimants who had revision surgeries between 1/31/15 and 2/15/17 using the same criteria the 2015 Settlement Agreement establishes. Additionally, claimants who were eligible to participate in the 2013 Settlement or 2015 Settlement but did not enroll in either program are eligible to participate in this extended program. There will be a separate (but identically administered) Extraordinary Injury Fund (“EIF”) program for the claimants who are eligible to participate under this extension. To find out more information about the settlement, go to https://www.usasrhipsettlement.com/

5/21/14 Update Re: U.S. ASR Hip Settlement Program

DePuy Orthopaedics, Inc., has notified the court, the U.S. ASR Hip Settlement Program Administrator and the Settlement Oversight Committee that it is waiving its walk away rights in relation to Section 17.1.1.1 and Section 17.1.1.2 of the Settlement Agreement. While Settlement Program enrollment forms are still being processed, most eligible patients have opted into the program. The company is therefore moving forward before the June 1 decision deadline provided for in the Agreement. The exact timing and amount of compensation will depend on a number of factors and circumstances specific to each claim. However, eligible patients with allowed claims can expect payment now that there is certainty the program is moving forward. The Court wants to thank all the parties for their continued cooperation since the Agreement was announced on November 19, 2013, that has allowed for this significant milestone to be reached.

U.S. ASR HIP SETTLEMENT AGREEMENT REACHED
DePuy Orthopaedics, Inc. (DePuy) and the committee of lawyers representing ASR™ Hip System plaintiffs appointed by the judge overseeing the federal multidistrict litigation in the United States District Court, Northern District of Ohio, Western Division ("MDL") have reached a settlement agreement to compensate eligible ASR patients in the United States who had surgery to replace their ASR hip as of August 31, 2013. The agreement is a private resolution between the parties.

Additional information regarding the details of the U.S. ASR Hip Settlement Program ("U.S. Program") is available by visiting the Claim Processor's website, www.USASRhipsettlement.com. This is the only "official" website designated to provide details and materials related to the U.S. Settlement Program so that plaintiffs and claimants can make informed decisions on participation. Information or materials from websites other than www.USASRhipsettlement.com cannot be verified and may be inaccurate and misleading.

The U.S. Program is available for all eligible ASR patients, including those with cases In Re DePuy ASR Hip Litigation in the Circuit Court of Cook County Law Division currently assigned to Judge Deborah Mary Dooling under case 10 L 10506.

Please refer to Case Management Orders Five and Six for further details.

On July 20, 2011, Judge William D. Maddux, Presiding Judge of the Law Division for the Circuit Court of Cook County, assigned all of the In Re DePuy ASR Hip Litigation cases filed in Cook County to Judge Deborah Mary Dooling for all purposes, including trial, pursuant to General Administrative Order 91-4. These cases were consolidated under the general case caption In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506.

On September 15, 2011, the Illinois Supreme Court ordered that any present or future action filed in any Illinois Circuit Court regarding DePuy ASR Hip Systems shall be transferred to the Circuit Court of Cook County, pursuant to Illinois Supreme Court Rule 384.

The following are Case Management Orders entered in In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506.

Case Management Order 1: General Case Management Order
Case Management Order 2: Appointment and Obligations of Designated Lead Counsel
Case Management Order 3: Plaintiff Fact Sheets and Defendant Fact Sheets

The Court holds monthly case management conferences for In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506. The following are status reports generated after each case management conference. The status reports contain a summary of the case management conference, a current case list, an attorney contact list, and all orders entered during the previous month.

Status Report 1: July 29, 2011
Status Report 2: August 25, 2011
Status Report 3: September 29, 2011
Status Report 4: November 10, 2011
Status Report 5: December 19, 2011
Status Report 6: January 17, 2012
Status Report 7: February 28, 2012
Status Report 8: March 27, 2012
Status Report 9: May 2, 2012
Status Report 10: June 26, 2012
Status Report 11: September 10, 2012
Status Report 12: December 10, 2012
Status Report 13: January 28, 2013
Status Report 14: June 26, 2013
Status Report 15: August 1, 2013
Status Report 16: September 12, 2013
Status Report 17: October 30, 2013
Status Report 18: February 10, 2014
Status Report 19: August 28, 2014
Status Report 20: November 6, 2014
Status Report 21: January 5, 2015
Status Report 22: February 3, 2015
Status Report 23: May 28, 2015
Status Report 24: September 9, 2015
Status Report 25: November 4, 2015
Status Report 26: January 12, 2016
Status Report 27: February 2, 2016
Status Report 28: April 19, 2016
Status Report 29: July 21, 2017

The Court has appointed the following attorneys as lead counsel:

Lead Counsel for Plaintiffs

Peter J. Flowers
Foote, Meyers, Mielke & Flowers, LLC
3 North Second Street, Suite 300
St. Charles, IL 60174
630-232-6333
PJF@Foote-Meyers.com

Lead Counsel for Defendants

David B. Sudzus
Drinker Biddle & Reath LLP
191 N. Wacker Dr., Suite 3700
Chicago, IL 60606
312-569-1000
david.sudzus@dbr.com

Should you have any questions about In Re DePuy ASR Hip Litigation, Case No. 2010 L 010506 policies or procedures, please contact the chambers of:

Honorable Thomas V. Lyons, II
Law Division
Circuit Court of Cook County, Illinois
50 West Washington Street, Suite 2501
Richard J. Daley Center
Chicago, Illinois 60602
(312) 603-7991

InReDePuy@cookcountyil.gov

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