Latest Development in DePuy Settlements
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has reportedly waived its “walk-away rights,” agreeing to a $2.5 billion settlement to resolve thousands of hip implant lawsuits recently filed against the company, according to court documents. Additionally, DePuy officials have determined that enough plaintiffs exist to proceed with the most recent DePuy settlements.
DePuy Settlements Reached
Although the manufacturer is still processing settlement program enrollment forms, most of the eligible patients have opted into the program. As a result, DePuy is moving forward prior to the decision deadline. However, the timing and amount of compensation received by patients will depend on a number of circumstances and factors specific to each claim. According to court papers, eligible patients with allowable claims can expect to receive compensation now that the company has stated for certain that it will be proceeding with the program.
In November 2013, Johnson & Johnson agreed to a settlement to compensate patients who required revision procedures after receiving the company’s ASR hip implant. Approximately 7,200 patients in the U.S. made the decision to accept the settlement. Johnson & Johnson and DePuy had previously announced a requirement that at least 94 percent of patients would be needed in order to accept the latest of the DePuy settlements and provide compensation to those affected; the 7,200 far exceeded this 94 percent requirement.
The most recent of the DePuy settlements gives money to patients based on several factors, including the extent of their injuries, their ages, and whether they underwent revision or removal procedures after receiving the implant. A base rate was set at $250,000 per patient. In August 2010, DePuy issued a recall for its ASR hip implant after post-market surveillance data suggested that between 12 and 13 percent of recipients underwent revision procedures within five years. At the time of the recall, nearly 100,000 patients worldwide had already been fitted with the device. Evidence revealed during pending lawsuits indicated that the failure rate of the ASR is close to five percent.
Other circumstances pertaining to the DePuy settlements could entitled plaintiffs to a supplemental award if they experience certain extraordinary injuries in the future or if they required multiple revision surgeries. Although the DePuy settlements are progressing as expected, is it not too late to pursue a claim against the company if you or someone you love believe that you suffered from injuries or complications after receiving the implant.
According to pending lawsuits, plaintiffs allegedly suffered from symptoms of early device failure characterized by dislocation, loosening, clicking, pain, and high chromium and cobalt levels in the blood, as well as X-ray evidence of muscle damage and pseudotumors. However, some patients with metal toxicity may not even show outward symptoms, so it is important to seek medical attention to undergo routine blood tests to ensure that there are no immediate complications.
Contact the American Injury Attorney Group Today
If you or a loved one were fitted with the DePuy Pinnacle or DePuy ASR hip implant and you subsequently suffered from complications or adverse side effects, the American Injury Attorney Group can help. We can review your case at no cost to you and help you to determine if you are eligible to recover damages for your injuries. We can also connect you with an affiliated attorney who can handle your lawsuit and work to help you seek the compensation to which you may be entitled. The time to file a lawsuit is limited, so it is important to call today if you feel you have a case.