Attorneys Answering Questions About Depuy Hip Replacement Settlement
On November 12, 2013, attorneys handling pending DePuy lawsuits reported that Johnson & Johnson had agreed to pay a $4 billion settlement (later revised to $2.5 billion) for thousands of claims filed due to alleged defects with the DePuy ASR hip replacement implant. However, there are certain conditions of the DePuy hip replacement settlement of which both plaintiffs and those allegedly injured by the device should be aware.
If you have questions about the DePuy hip replacement settlement or you are considering filing your own claim against DePuy to seek compensation for your injuries, experienced attorneys can inform you of your legal rights and determine if you have a valid case.
Latest News about the Settlement
Introduced in the U.S. in 2005, DePuy recalled the ASR in 2010 after the company had sold 93,000 units across the world. Data from a UK study at that time concluded that an average of 12 percent of the ASR hip implants needed to be replaced after five years.
Although DePuy recalled thousands of ASR hip systems due to higher-than-expected failure rates, plaintiffs are currently working with attorneys to seek compensation from the manufacturer allege that the defective metal-on-metal implants caused discomfort, pain and other serious complications such as increased levels of metal ions in the bloodstream, which can lead to limited mobility, swelling, pain, neurological damage and device failures.
Specific details of the DePuy hip replacement settlement reported by attorneys include the intention to resolve approximately 8,000 separate claims with Johnson & Johnson providing up to $250,000 in compensation for each surgery necessary to replace or repair an allegedly defective ASR hip implant. The DePuy hip replacement settlement will not prevent future from claimants from recovering damages for their injuries.
Five Things You Need to Know
The attorneys at the American Injury Attorney Group reported on further details of the DePuy hip replacement settlement and have provided those interested with the following five aspects of the litigation:
- 94 percent of hip replacement patients fitted with the DePuy ASR systems must enroll in the program before April 1, 2014 in order for DePuy to be required to fund the program
- Qualified patients who required a revision of the ASR hip implants will be entitled to receive a maximum base award of $250,000. Among other requirements, qualified patients must have underwent a revision surgery of the defective device prior to August 31, 2013.
- The DePuy hip replacement settlement does not appear to make provisions for those who did not require revision surgery or those who underwent a revision procedure after August 31, 2013. However, the program does not appear to prevent future claims pertaining to a potentially defective DePuy ASR hip implant.
- Unspecified “experienced professionals” will determine awards and compensation, and participants in the program will be entitled to appeal a decision should they disagree, according to specific procedures established within the program. Those participating in the program waive litigation rights and agree to be bound by the award determination.
- Although the program states that a plaintiff does not require a lawyer to participate, those who have allegedly suffered an injury resulting from a defective hip replacement are encouraged to seek advice from an attorney prior to deciding whether to participate in the program. Although future claims may not be barred, the statute of limitations in different states may prevent you from filing for compensation after a certain date.
Injured or Need Assistance? Contact One of Our Experienced Affiliated Attorneys Today
With the recent announcement of the DePuy hip replacement settlement, it is even more vital that those who believe they were injured while fitted with the implants contact an experienced attorney to determine whether they are entitled to pursue additional compensation or to participate in the settlement. At the American Injury Attorney Group, we can evaluate your claim at no obligation or cost and connect you with a professional attorney. If you have any questions or concerns about the failure of hip replacement devices, the most recent DePuy hip replacement settlement or filing your own claim, contact the American Injury Attorney Group today.