DePuy, manufacturer of the controversial ASR hip implants, first introduced the products in 2005. However, due to an increasing number of adverse event reports and complications alleged by patients fitted with the device, the manufacturer recalled the hip implants in 2010 after selling over 93,000 worldwide. According to plaintiffs, the device caused serious injuries and was prone to early failure, often resulting in expensive revision procedures. Recently, Johnson & Johnson agreed to settle over 8,000 separate claims and may pay as much as $250,000 for each procedure necessary to repair or replace the hip implants in question.
If you or a loved one were fitted with these implants or you would like to learn more about the DePuy hip settlement details, Attorney Group can help you today.
Recent DePuy Hip Settlement Details
Initial reports were that Johnson & Johnson would agree to a $4 billion settlement, but the final settlement amount was calculated to be closer to $2.5 billion, for thousands of DePuy ASR hip lawsuit claims filed by those alleging injuries caused by the defective devices. However, certain conditions of the settlement may prevent patients from taking part and receiving compensation for their injuries.
The following are several DePuy hip settlement details of which consumers must be aware prior to joining:
- 94% of hip replacement patients must enroll by April 1, 2014 in order for the manufacturer to be required to commit to its end of the deal
- Those who qualify for the settlement are not required to hire an attorney, but others who do not qualify or are not sure if they qualify are encouraged to seek legal counsel.
- Participants waive litigation rights and agree to be bound by the award determination
- Qualified patients will be eligible for an award of $250,000 if they underwent a revision surgery prior to August 31, 2013
- The settlement does not make provisions for those who did not undergo revision surgery after August 31, 2013
Additionally, the Johnson & Johnson settlement does not prevent those alleging defects with the devices to obtain compensation from Johnson & Johnson in the future. According to court documents, the settlement is uncapped in terms of its total amount as more patients may come forward in the future to file claims after deciding to undergo a revision surgery or corrective procedure.
We Can Still Represent Those Who Don’t Qualify
While the DePuy hip settlement details only pertain to a specific set of patients who meet certain criteria, those who do not qualify for the settlement program may still be entitled to recover damages for their injuries. Attorney Group can represent DePuy ASR clients who underwent hip revision procedure after August 31, 2013 or those who have not required revision procedures at all up until this point in time. If you fall into one of the aforementioned categories of patients, you are not eligible to participate in the settlement program but may still be represented by the affiliated attorneys at Attorney Group.
Additionally, we may also represent patients who have reviewed the DePuy hip settlement details and decided that they will not be participating in the settlement. In these instances, lawsuit can be taken to a jury trial.
However, Attorney Group will not be able to represent patients who had underwent a revision surgery prior to August 31, 2013 or those who wish to participate in the settlement. If you fall into one of these two categories, it is necessary to refer to sections 4.4 of the settlement document obtained at the U.S. ASR Hip Settlement website to review the DePuy hip settlement details and learn more about joining the litigation. Please call Attorney Group to learn how to get in touch with the settlement oversight committee for assistance.
It is necessary to seek legal counsel, particularly if you do not wish to participate in the settlement as you may be entitled to recover damages for your injuries. A professional attorney will handle your claim and help you to seek the compensation to which you may be entitled. Plaintiffs filing claims against the manufacturer, alleging that the defective metal-on-metal devices caused several severe and life-threatening complications, including:
- Pain and discomfort
- Metallosis or metal toxicity
- Swelling
- Neurological damage
- Limited mobility
- Early device failures
Need More Information about the DePuy Hip Settlement Details?
If you or someone you love have been injured due to the recalled DePuy ASR hip implant, call Attorney Group today to learn more about the most recent settlement. We will provide you with specific information including the most recent DePuy hip settlement details and offer you a free, no-obligation consultation and case evaluation to determine whether you are eligible to pursue a claim although you may not qualify for the settlement.
