New York, New York (PRWEB) February 27, 2014
Thousands of DePuy ASR hip lawsuits (http://www.consumerinjurylawyers.com/DePuy/) have been filed in the federal DePuy ASR recall litigation underway in U.S. District Court, Northern District of Ohio, Bernstein Liebhard LLP reports. According to an Order issued on February 19th, the Court has refused to vacate the conditional transfer of 39 DePuy ASR lawsuits that were originally filed in federal courts in California, Massachusetts, and North Carolina. In finalizing the transfer of the cases to the federal multidistrict litigation in Ohio, the Court determined that all of the lawsuits shared common questions of fact with other DePuy ASR lawsuits pending in the proceeding. ( In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“Our Firm is representing numerous DePuy ASR lawsuit clients whose cases have been filed in the federal proceeding. We will continue to monitor its progress very closely,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who allegedly experienced metallosis, chronic pain, disability, premature hip implant failure, and other serious complications allegedly related to devices included in the DePuy ASR recall.
DePuy ASR Lawsuits
Court documents indicate that DePuy Orthopaedics, a division of Johnson & Johnson, is facing more than 12,000 lawsuits filed since the DePuy ASR recall was announced in August 2012. The vast majority of those claims have been filed in the federal multidistrict litigation underway in Ohio. On November 19, 2013, the Court announced that a proposed settlement had been reached which could ultimately resolve some 8,000 DePuy ASR lawsuits pending in courts around the country.
If finalized, court documents indicate that the DePuy ASR settlement would apply to plaintiffs who underwent revision surgery to replace their artificial hip due to a recall-related reason prior to August 31, 2013. Under the terms of the settlement agreement, eligible claimants would be entitled to a base award of $250,000.That award could be reduced, however, depending on certain other factors, including their prior medical history. Other circumstances could entitle plaintiffs to a supplemental award if they, for example, required multiple revision surgeries, or if they experience “certain extraordinary injuries” in the future.
According to Bloomberg.com, the DePuy ASR recall was announced in August 2010, after a hip registry in the United Kingdom indicated that 12% of ASR hips would fail within just five years of implantation. However, since the recall was announced, Johnson & Johnson’s own internal estimates have put the four-year failure rate near 37%, while data from an Australian hip registry found that the seven-year failure rate was closer to 44%.*
Individuals who were affected by the DePuy ASR recall may be eligible to recover compensation for medical bills, lost wages, pain and suffering and more. To learn more about filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s website, or call 800-511-5092 to arrange for a free, no-obligation case review.
*bloomberg.com/news/2013-11-27/j-j-may-pay-1-billion-in-medical-costs-under-hip-accord.html, Bloomberg.com, November 27, 2013
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 11 consecutive years.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this
advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP