DePuy ASR Hip Implant Victims Must Act Now

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Recently, a record-breaking settlement was reached by Johnson & Johnson and attorneys representing those who were injured by the DePuy ASR metal on metal hip implant. With limited time to act, the law firm of Handler Henning & Rosenberg has compiled a guide to how eligible parties can take part without missing out on compensation.

...after months and years of legal proceedings, the time to act is finally here. Things move quickly at this juncture, and any delay could mean a deserving person may be unable to receive the compensation that they deserve.

An estimated 12,000 lawsuits have been filed against DePuy Orthopaedics and parent company Johnson & Johnson over DePuy ASR metal on metal hip implants, implants that claimants and their attorneys’ claim is defective, failing at rapid and exorbitant rates. Now, a settlement worth an estimated $2.5 billion has been reached (MDL Docket No. 1:10 md 2197, United States District Court for the Northern District of Ohio).

People with failed DePuy hip implants must act now to be part of the settlement. January 6 marked the date by which registration of claims related to the DePuy ASR or the DePuy ASR XL metal on metal hip implants needed to occur, and those who have registered by that date still have work to do to get the settlement they deserve.

The attorneys of Handler Henning & Rosenberg want to make sure that all affected parties are able to take part in this settlement if they choose to do so. Attorney Gregory M. Feather explains why acting at once is so critical:

“The DePuy ASR has affected thousands of people who had to submit to one or more revision surgeries, along with all attendant complications,” said Mr. Feather. “But after months and years of legal proceedings, the time to act is finally here. Things move quickly at this juncture, and any delay could mean a deserving person may be unable to receive the compensation that they deserve.”

Handler Henning & Rosenberg is providing tips to those patients who have endured a revision surgery (or multiple surgeries) and who qualify for this settlement.

1. Visit This is the website set up by the Claims Processor that will be responsible for ensuring claims get filed appropriately and that funds sought via the settlement are distributed to claimants in an expedient manner. Information related to the settlement details are also on the website.

2. Determine How Much A Claim Would Be Worth- The settlement provides for all eligible persons to receive a Base Pay of $250,000, plus medical costs resulting from complications arising from a revision surgery. However, not all affected persons will receive this figure.

The website linked to above has a section devoted to determining the amount to which a claimant may be entitled. Someone who faced serious adversity during a revision surgery may receive far more than the $250,000, while someone whose medical background left them susceptible to early failure of the device may receive less. A lawyer can help determine where you stand, but a ballpark estimate can be put together by anyone.

3. Decide If You Will Take Part- This is critical, as around 94% of eligible persons must enroll in order for the settlement to move forward, and that enrollment must take place by April 1, 2014. With registration already passed, this is the next date on which interested persons must focus.

4. Compile All Necessary Forms- Again, the website listed above outlines precisely what is required of injured parties to take part in the claims process. Because procuring medical records and other information takes time, this step should be completed as early as possible so that the April 1 deadline doesn’t become an issue.

5. Hire an Attorney- Given the complications of taking part in the settlement process, it would be wise for anyone interested to seek legal aid. For those concerned that their overall payments would be reduced by legal fees, it is important to note that those who DO NOT have lawyers will only receive 71% of their entitlement. This is ostensibly done to ensure the deal is fair to those who sought the help of an attorney, who should not be paid less than others just because they obtained legal assistance.

6. Mull Options Even If You Don’t Qualify- Although this settlement places some restrictions on eligibility (a revision surgery needs to have occurred prior to August 31, 2013, and claims needed to be registered by January 6), it also does not prevent future lawsuits from being filed. Those who do not qualify should not let that deter them from the possibility of filing a future lawsuit in order to secure their own fair and just compensation.

The lawyers of Handler Henning & Rosenberg have been assisting injured parties for more than 90 years. Gregory M. Feather and the rest of the firm’s attorneys offer representation to those injured in a host of practice areas, including automobile accidents, defective medical devices, premises liability, dog bites, and more. Injured parties and those seeking help with their Social Security or workers’ compensation claims may call to obtain a free consultation or visit our DePuy ASR recall page to learn more about the firm’s services.

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Becky S. Voras
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