$2.5 Billion Depuy ASR Settlement Finalized
A proposed DePuy ASR settlement that was originally announced in November 2013 has been finalized, according to reports. The provisions of the settlement required 94 percent of patients to accept the conditions of the agreement in order for Johnson & Johnson and DePuy Orthopaedics to be able to compensate plaintiffs for the plaintiffs’ alleged suffering. Court documents indicate that 7,200 patients, more than the required 94 percent, came forward to accept the DePuy ASR settlement.
The settlement was agreed to in response to patients who had received the manufacturers’ ASR hip implant and subsequently experienced adverse side-effects that ultimately led them to undergo painful revision and replacement procedures. Now that the DePuy ASR settlement has been finalized, a third party will handle the thousands of pending claims, and the manufacturers will be responsible for depositing the money into an escrow (or “third party”) account. The first payments from the DePuy ASR settlement are expected to be processed this summer and will be made as necessary as time progresses.
DePuy ASR Hip Implant Overview
DePuy first marketed the ASR hip replacement implant in the U.S. in 2006. However, just three years later, lawsuits were filed against the manufacturer by a plaintiff who claimed that the device caused adverse complications and life-threatening injuries. In one case, a jury ordered the manufacturer to pay the plaintiff $8.3 million to cover the injuries and damages allegedly experienced from the ASR implant.
Between 2006 and August 2010, an estimated 35,000 ASR hip replacement devices were implanted into patients throughout the U.S. In August 2010, DePuy initiated a recall of the devices amid reports of the their premature failure. While hip implants are theoretically designed to last fifteen to twenty years, adverse event reports from patients and clinical trials showed that the ASR implants could potentially fail within four years after the initial procedure. As a result, thousands of patients who were implanted with the device before its recall may still require revision procedures over the next several years.
Plaintiffs currently filing lawsuits against the manufacturer allege that they have suffered from serious and life-threatening complications such as:
– Loosening of the implant
– Pseudotumors and muscle damage as evident by X-rays
Still, while side effects are often noted, others may not have any indication that their devices are failing. For instance, metallosis (a condition also known as “metal poisoning” whereby the metal components of the implant release metal shards into the bloodstream) may cause severe pain in some patients while others may not notice any symptoms at all. For this reason, physicians are urging patients who received an ASR implant to seek medical attention in order that they may undergo routine blood tests to measure the chromium and cobalt levels in the blood. Doctors are also recommending the patients be subjected MRIs as well to ensure that the tissues and bones around the hip joint remain unaffected.
Call Today for Your Free Consultation
If you or a loved one have been injured or negatively affected by a DePuy ASR hip implant, contact the American Injury Attorney Group to learn more about your legal rights and how to pursue a claim to seek compensation for your injuries. We can answer your questions in a free, no-obligation consultation and connect you with an affiliated attorney who can work to help you recover the damages to which you may be entitled.