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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

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What is Premises Liability?

Premises liability involves injuries caused by unsafe or defective conditions on another person’s or business’s property. For example, if you slip and fall on another person’s property due to an unsafe condition, or if an elevator breaks and injures you,

Defective Hip Settlements: Do I Have To Take What The Defendants Are Offering?

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.

DePuy ASR Settlement – Round 2 Extension

2015 DePuy ASR Settlement and Upcoming May Deadline

DePuy-ASR-Hip-Lawsuit-Settlement-Wright-Schulte-LLC-yourlegalhelp

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.

DePuy ASR Settlement Program Extended!


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.

DePuy ASR Lawsuit Upcoming Deadline

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.

 

J&J May Pay $250 Million to Settle 1,000 More Hip Claims

(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)

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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