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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

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Are Boats Required to Have Insurance in California?

  California law does not require boaters to insure their boats. Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers

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

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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 Statute of Limitations


Stuart Talley is the partner responsible for the DePuy ASR litigation. There is an upcoming deadline that may impact your ability to bring a case. The deadline is the statute of limitations. DePuy recalled the ASR hip in August 2010 and this August will be 5 years since the recall. Every state has a statute of limitations, or the time period in which you can file a lawsuit from the date you reasonably suspect you have a claim.

The big issue is, “When should you have reasonably suspected you have a claim?” There are many potential start dates for when the statute of limitations begins to run. The date could be when DePuy recalled the ASR hip approximately five years ago. Another date is when you find out you have the DePuy ASR hip. It may be the date you find out you have elevated cobalt and chromium. Or it may be the date your doctor states you require revision surgery. All these examples are potential start dates for when the statute of limitations starts to run.

If you have a DePuy ASR hip, and you have not undergone revision surgery, it’s important to get a case on file immediately. The sooner you get a case on file the better. If you have a case on file, and your hip is not revised, DePuy allows you to dismiss that case and toll the statute of limitations. Tolling the statute means it does not run (running of the period set forth by a statute of limitations is paused or delayed). So, if you have a case on file, you can dismiss it. And say, hypothetically, you need revision surgery one year from now. You can subsequently refile your case as if it was never dismissed and proceed with your case. If you do not have a case on file, you do not get the benefit of the tolling agreement.

If you have a DePuy ASR hip (unrevised or revised), and you do not have a case on file, feel free to give us a call. Our attorneys are happy to explain this in more detail, and provide an analysis of your state’s law regarding the statute of limitations. We will help protect your rights.

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 Settlement Round 2 Enrollment!

This week, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the 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 your DePuy ASR revised after 8/31/2013, and on or before 1/31/2015, you may be eligible for the Round 2 Settlement.  Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our 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 will post on the Claims Processor website in a few weeks. Our attorneys can help determine whether this settlement is right for you, and if the settlement adequately compensates your individual 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 file one immediately. It is necessary to update Registration on or before April 2, 2015, pursuant to the terms of the Round 2 Master Settlement Agreement.  Our attorneys will help get your potential case on file, and make sure your information is up to date, specifically for those individuals eligible for Round 2.

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 997-5170, or fill out the confidential contact form found on this page.

Bloomberg: J&J to Pay as Much as $420 Million More in ASR Hip Accord

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You can visit the U.S. ASR Hip Settlement website at  www.usasrhipsettlement.com.

DePuy ASR Lawsuit: Election Obligation Deadline Extended

The U.S. District Court, Northern District of Ohio, filed an Order on December 24, 2014 extending the deadline for non-revised DePuy ASR plaintiffs who decide to either proceed with their case or voluntarily dismiss their case. Plaintiffs must notify the court by January 31, 2015 on whether or not they will opt into a tolling agreement with Johnson & Johnson subsidiary, DePuy Orthopaedics.

The tolling agreement for non-revised plaintiffs involves dismissing their case without prejudice; meaning the statute of limitations on their case is postponed until revision surgery occurs. The tolling of the plaintiff’s statute of limitations is then extended for one year from the date of their revision. After the revision surgery, plaintiffs may re-file the lawsuit within the tolling period and will not lose any of their rights. A plaintiff must update their registration status to indicate they underwent a revision surgery.

Non-revised plaintiffs who elect not to dismiss their case will be required to prove that they have suffered some type of damage as a result of their recalled hip.  Typically, these plaintiffs will fall into the category of individuals who require a revision of their DePuy ASR hip implant but suffer underlying health issues that make revision surgery impossible. Other plaintiffs have significant problems with hip replacements and their surgeon does not want to perform surgery. In these respective cases, plaintiffs can advise the court of their situation and may continue pursuing their case.

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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