In the past few months, several large hip manufacturers have announced global settlements programs in an effort to resolve thousands of lawsuits alleging that their hips were defective. In almost all of these cases, the amounts being offered by the defendants do not reflect the true settlement value of the cases. However, despite the small amounts being paid, most plaintiffs are settling their cases as part of these settlement program. In considering a settlement, here are important things to consider.
If you have any questions or concerns regarding your recalled or defective hip, call Kershaw, Cook & Talley at 888-997-5170 for a free case consultation.
On February 20, 2015, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the previous settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.
If you had a DePuy ASR revised after August 31, 2013, and on or before January 31, 2015, you may be eligible for the Round 2 Settlement. Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.
The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program. The executed Master Settlement Agreement is now available on the Claims Processor website. Mr. Kershaw and Mr. Talley can help determine whether or not the settlement adequately compensates an individual’s situation.
Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney. If you do not have a case on file, it is important you get one filed immediately.
Stuart Talley is the partner responsible for the DePuy ASR litigation. DePuy established a new settlement program resolving a large number of ASR hip cases currently pending around the country. As you may know, DePuy previously agreed to a large scale settlement for individuals who underwent revision surgery. The settlement was approximately $3.5 billion. This settlement only covered people who had revision surgery before August 31, 2013. After this date, many people had revision surgery. It’s estimated over 1500 individuals had revision surgery. The big question on everyone’s mind is, “What will DePuy do for those individuals?”
We received news that DePuy is willing to compensate those people. This new settlement agreement is nearly identical to the previous settlement. Essentially, the settlement starts at $250,000, and this value decreases or increases depending on various factors outlined in the agreement. You are entitled to participate in the new settlement program if you had revision surgery before January 31, 2015 (the cutoff date for eligibility is this date).
Additionally, this settlement offer is voluntary. No one is required to take the settlement. If you believe your case is worth more than the settlement offers, you do not have to take it and can proceed with your lawsuit. Our firm has clients from the first round of settlements who elected not to take the settlement. We are attempting to get trial dates for those clients.
If you have a DePuy ASR hip, and what to know more about the settlement, contact us for a free case consultation at 888-997-5170, or fill out our confidential online form.
Hi, I am Stuart Talley. I am the partner responsible for the DePuy ASR litigation. I am providing information about a category of case that is involved in the DePuy ASR lawsuit relating to non-revised cases.
There are numerous claimants with cases on file against DePuy who still have their ASR hip. These are considered non-revised cases. There is an upcoming election process specific to non-revised cases. The election must happen before January 31, 2015. The election relates to your individual circumstances.
There are some non-revised cases where people have minimal problems with the hip. For instance, they have slight pain, low metallosis levels, and their doctors indicated they do not need revision surgery. Those individuals can elect to have their case dismissed without prejudice, preserving your rights if your case is dismissed. Additionally, the statute of limitations on your case is tolled. Tolling the statute of limitations is essentially delaying the statute of limitations. So, from the moment you dismiss the case to the moment you refile, the statute is not running. You can refile your case if you require revision surgery in the future.
The other non-revised case is unique. There are individuals with a DePuy ASR who require revision surgery but are unable to undergo revision surgery because of an underlying medical condition. Many individuals underwent multiple hip surgeries before implantation with the DePuy ASR. Their surgeons do not want to operate even though the ASR implant is leeching cobalt and chromium and causing damage to their hip. If you fall into this category, your case does not need to be dismissed. This case can potentially go to trial and possibly win. The key to a case for an individual with a health issue is proving the cobalt and chromium ions cause tissue damage in the hip joint. You need blood tests every six months and imaging studies (e.g. MARS MRI) to show the damage. The MARS MRI is an MRI for patients implanted with metal artifacts and implants. It can show pseudotumors and other inflammatory responses in the soft tissue of your hip.
(Bloomberg)- Johnson & Johnson (JNJ) may pay more than $250 million to resolve suits over its ASR hip implants that were excluded from a $2.5 billion settlement of similar claims last year over the device’s failure, two people familiar with the accord said.
J&J, the world’s largest seller of health-care products, is weighing whether to settle more than 1,000 lawsuits over removals of the recalled hip implants that occurred after August 2013, said the people, who requested anonymity because they weren’t authorized to speak publicly about the accord. The hips were made by J&J’s DePuy unit.
The company is considering extending the same settlement terms that covered patients who had their ASR implants removed earlier than last summer, the people said. Under that accord, J&J agreed to pay an average of about $250,000 per surgery and cover related medical costs to resolve about 8,000 cases.
“This is a sign that J&J is trying to get a solid handle on its whole ASR problem,” said Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia. “They are not done paying yet, but they are moving in the right direction.”
If J&J resolves the additional suits, it will have settled about 75 percent of its total U.S. caseload. The total cost of the settlements over ASR, which stands for articular surface replacements, may exceed $4 billion by the time J&J resolves the remaining implant cases, Tobias said. The accord doesn’t cover hip litigation outside the U.S.
For the article, please visit: J&J May Pay $250 Million to Settle 1,000 More Hip Claims – Bloomberg (Jef Feeley)
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