J&J withheld information showing that the company anticipated an excessively high failure rate of 37% during the first five years of an implant.
Sayville, NY (PRWEB) December 06, 2013
Hope is in sight for the thousands of Americans with direct injuries from a metal hip implant made by Johnson & Johnson and sold by DePuy, but they must act quickly. During a hearing in U.S. District Court in Toledo, Ohio (MDL 2197), the company announced that they have agreed to a settlement of $2.5 billion.1
The J&J metal hip implant was expected to last well over a decade. According to LA Times, attorneys alleged that J&J withheld information showing that the company anticipated an excessively high failure rate of 37% during the first five years of an implant.2 The New York Times reported the alleged failure rate to be about 40%. To make matters worse for J&J, pretrial testimony by a DePuy engineer made clear that DePuy knew about reports by a British surgeon who said implants caused “high levels of metallic ions, particularly in women.”3
The settlement also includes patients who needed to have their articular surface replacement (ASR) device removed and replaced with another hip implant.
Individual compensation will vary, but it is believed the average will be approximately $250,000. No specific amount is guaranteed to a particular victim.
The settlement offering will be made only to victims who have filed a lawsuit against DePuy. All victims can accept or decline J&J’s offer for settlement.
Anyone who has filed a case regarding a DePuy ASR should speak with an attorney regarding this global settlement to find out whether or not they qualify and if they should accept or decline. The settlement includes specific terms for different circumstances and for the amount an individual will be awarded. Some factors may include how soon the device failed, the length of the hospital stay, and the need for further revision surgery.
For victims who opt out, their cases will continue in litigation. This option takes a less predictable route, but may result in a better outcome for the individual. History shows that the defendant may choose to offer larger settlements or, if settlements are declined, proceed with litigation on a case by case basis. This increases the negotiation time and may not result in a positive resolution.
Personal injury attorneys who have been involved in large litigations like the current hip transplant case are able to make recommendations to their clients about how best to proceed. Some attorneys might recommend accepting a settlement for one individual, while recommending against it for another. Other attorneys might find the same settlement altogether too low and recommend that all clients decline. It’s best to consult with your attorney. If you do not have an attorney yet and have suffered from a faulty metal hip implant from J&J, you should immediately contact a personal injury attorney who handles this specific type of case.
The law offices of Gacovino Lake, located in Sayville, NY, provides alerts like this one to possible victims who may not be aware of deadlines and eligibility.
Gacovino Lake has served tens of thousands of clients nationwide. Many of their clients have been injured by J&J’s metal hip implant. Gacovino Lake has been involved in large product liability cases like this in the past and is working closely with trial firms that are leading this nationwide lawsuit. To find out if you may be eligible for compensation, call the Gacovino Lake team toll-free for immediate assistance at (800) 246-4878.
1. Johnson & Johnson, November 19, 2013, http://www.jnj.com/news/all/DePuy-Announces-US-Settlement-Agreement-to-Compensate-ASR-Hip-System-Patients-Who-Had-Surgery-to-Replace-Their-ASR-Hip
2. LA Times, February 28, 2013, http://articles.latimes.com/2013/feb/28/business/la-fi-hip-implant-trial-20130301
3. NY Times, January 22, 2013, http://www.nytimes.com/2013/01/23/business/jj-study-suggested-hip-device-could-fail-in-thousands-more.html?ref=health&_r=1&