Depuy Settlement Details: What if You Don’t Qualify?
First introduced in 2005 by DePuy, the DePuy ASR hip implants are currently the focus of one of the largest pharmaceutical settlements in the history of the U.S. According to court documents, the devices are allegedly prone to early failure and can cause serious and life-threatening complications. Although the DePuy ASR implants were recalled in 2010, the action was taken after 93,000 units were sold throughout the company. Most recently, Johnson & Johnson has taken steps to settle more than 8,000 lawsuit claims and compensate consumers for up to $250,000 a piece for their injuries.
If you or someone you love would like to learn more about the DePuy settlement details or if you are interested in filing your own claim to recover compensation for your injuries, contact the American Injury Attorney Group today for more information about the legal process and recovering damages for your condition.
DePuy Settlement Details
According to court documents, on November 12, 2013, Johnson & Johnson reportedly agreed to a $4 billion settlement that was later dropped to $2.5 billion to settle thousands of hip lawsuit claims filed by plaintiffs who had allegedly suffered from severe complications and injuries due to the potentially defective devices. While many feel confident about the settlement award, certain conditions may prevent consumers from recovering a portion of the award.
Several DePuy settlement details include key points to note for those who are attempting to decide whether participation in the settlement is right for them:
- Those who are eligible to participate are entitled to up to $250,000 in compensation if they underwent a corrective procedure prior to August 31, 2013
- Those who have allegedly suffered from side effects do not necessarily need an attorney, but legal counsel can help to protect your legal rights
- 94% of eligible patients must enroll in the program by the April 1, 2014 deadline to hold the manufacturer to its part of the settlement agreement
- Those who agree to the settlement award do so by waiving litigation rights and agreeing to be bound by the determination of the award
- The settlement does not include compensation for patients who did not undergo a corrective procedure after August 31, 2013
The recent Johnson & Johnson settlement does not bar those who have allegedly sustained injuries or suffered from adverse side effects from seeking compensation from the company later down the road. Court documents indicate that there is no maximum settlement amount, meaning that the total value could continue to rise as more consumers come forward in the next few months. These patients are entitled, under the DePuy settlement details, to make a decision to undergo revision surgery now and obtain compensation for the procedure accordingly.
You May Still File a Claim
Although the conditions of the DePuy settlement details include patients who fall into a certain category and meet specific case criteria, consumers who do not currently qualify are not barred from recovering compensation for their conditions and alleged injuries. The affiliated attorneys at the American Injury Attorney Group may still represent clients who made the decision to undergo a hip revision procedure after August 31, 2013 or patients who have not needed such a procedure to this date. If you are included in one of the above two categories, you are not entitled to recover a portion of the settlement award, but you may be eligible to file a claim and seek legal counsel from one of our affiliated attorneys.
Attorneys affiliated with the American Injury Attorney Group may also represent those who have previously reviewed the DePuy settlement details and decided that they would like to pursue an individual claim against the manufacturer. Rather than obtaining compensation through a settlement, cases would be handled in a court proceeding.
On the other hand, those who underwent a revision procedure prior to August 31, 2013 or patients who wish to seek compensation by way of the settlement are not encouraged to secure legal counsel thorugh the American Injury Attorney Group. Instead, these consumers are advised to review sections 4.4 of the settlement document listed above to review the DePuy settlement details and obtain more information about eligibility for joining the settlement. Patients should consider contacting the American Injury Attorney Group to be connected with the settlement oversight committee who will assist you throughout the legal process.
If you do not wish to participate in the settlement or if you do not qualify as per the terms of the agreement, you are not necessarily barred from seeking compensation. Consult with an experienced attorney to learn more about your legal rights and recovering damages for lost wages, medical expenses and pain and suffering. Common allegations in DePuy ASR hip lawsuits across the country include claims that the implants caused numerous severe and adverse health complications such as:
- Early device failures
- Discomfort and pain
- Damaged tissues and joints
- Neurological damage
- Metal toxicity or metallosis
- Limited mobility
- The need for revision procedures
Want to Learn More about the DePuy Settlement Details?
If you or a loved one have suffered from severe side effects or complications as a result of the DePuy ASR implant, the American Injury Attorney Group can provide you with more information about the recent Johnson & Johnson settlement. We can review your case, free of charge, and help you to determine if you are entitled to file a DePuy ASR hip lawsuit claim and recover compensation for your injuries, even though you may not be entitled to participate in the settlement itself.