(PRWEB) November 20, 2013
The American Injury Attorney Group notes that on November 19, 2013, courts approved a $2.5 billion settlement program for claims against Johnson & Johnson by approximately 8,000 plaintiffs who had received ASR metal-on-metal hip implants distributed by the company’s DePuy subsidiary. Intended to resolve the majority of the cases in the federal multidistrict litigation proceedings pending in Ohio, case no. 1:10-MD-2197, as well consolidated state court proceedings pending in California, Illinois and New Jersey, the settlement represents one of the largest payouts in US history for an allegedly defective medical device according to news reports. In light of the settlement, the American Injury Attorney Group seeks to inform current and future claimants of the potential impact of the settlement on their claims.
The American Injury Attorney Group has previously noted news reporting on the settlement, with some reports citing specific details. However, the announcement of the settlement confirms the scope of the deal. According to ASR U.S. Litigation Settlement Program Overview, qualified patients who had a revision of their DePuy ASR will be eligible for a maximum base award of $250,000. Among other requirements, qualified patients must have had a revision surgery of their DePuy ASR hip replacement before August 31, 2013. This amount may be increased or decreased depending on certain factors. Unspecified “experienced professionals” will determine awards, and participants in the program will be allowed to appeal a decision they disagree with according to procedures set up within the program. Anyone participating in the program waives his or her litigation rights and agrees to be bound by the program award determination. 94% of DePuy ASR hip replacement patients must enroll in the program by April 1, 2014 for DePut to be required to fund the program.
The settlement program does not appear to make provisions for any DePuy ASR patients who do not need revision surgery or who did not have revision surgery after August 31, 2013. Moreover, the settlement program does not appear to bar future lawsuits related to an allegedly defective DePuy ASR hip replacement.
While the program overview states that a person does not need a lawyer to participate in the program, those who have suffered injury as a result of a defective DePuy ASR hip replacement are encouraged to seek the advice of an attorney prior to deciding whether to participate in the program. Some claims may have value in excess of the $250,000 base amount to be paid under the terms of the program. Moreover, even though future claims do not appear to be barred by the program, state law statutes of limitation may prevent your ability to pursue compensation after a certain date. An experienced DePuy hip recall attorney can assist you in determining your rights and the best course of action for you to take in light of the announced settlement agreement.
About the American Injury Attorney Group
The American Injury Attorney Group seeks to inform individuals of their option to seek legal advice when evaluating claims, to raise awareness of potential claims for victims of personal injury, and connect persons wishing to receive legal advice with experienced attorneys who are capable of handling their claims. Contact the American Injury Attorney Group for more information.