New York, New York (PRWEB) November 19, 2013
Johnson & Johnson and its DePuy Orthopaedics unit have agreed to pay roughly $2.5 billion in a massive DePuy ASR lawsuit settlement that, if approved by the Court, would resolve thousands of product liability claims filed in the wake of the 2010 DePuy ASR hip recall (http://www.depuy-asr-hip-recall.com/), Bernstein Liebhard LLP reports. According to the Associated Press, the proposed DePuy ASR settlement was announced this afternoon in U.S. District Court, Northern District of Ohio, where thousands of DePuy ASR lawsuits have been consolidated before U.S. District Judge David Katz.* (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
A statement issued by DePuy Orthopaedics indicated that the DePuy ASR settlement will apply to recipients of the recalled hip implants who underwent revision surgery to replace the device prior to August 31, 2013. DePuy said the agreement could resolve some 8,000 DePuy ASR lawsuits currently pending in courts throughout the country.**
““After fully evaluating the program, we will determine how to advise our client.” 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 Hip Recall
According to Bloomberg.com, the DePuy ASR recall was issued in August 2010, after data indicated that 12% of ASR hips would fail within just five years of implantation. However, internal documents from Johnson & Johnson 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%.***
According to information posted on the DePuy Orthopaedics website, plaintiffs eligible for the proposed settlement would receive 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.****
Court documents indicate that more than 12,000 DePuy ASR hip lawsuits have been filed in the U.S. since the devices were recalled, with the majority of cases pending in the federal multidistrict litigation underway in Ohio. That proceeding was scheduled to bring its first case to trial in September, but according to court records, the trial was postponed.
Court documents show that earlier this year, two DePuy ASR lawsuits did go to trial at the state court level. In March, a Los Angeles Superior Court jury awarded one plaintiff more than $8 million after finding that his ASR hip was defectively designed. (Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County) However, a jury in Chicago found for Johnson & Johnson in a second trial just one month later. (Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County)
Court filings in California’s San Francisco Superior Court indicate that a settlement was struck in October in a DePuy ASR lawsuit that was also being prepared for trial. The terms of the settlement have not been disclosed. (Ottman v. Johnson & Johnson Services, et al., No. CGC-12-517391;Calif. Super. Ct., San Francisco Cty.)
Individuals who suffered pain, dislocations, metallosis, early failure of their hip, or other complications allegedly related to the DePuy ASR recall may be entitled to compensation for their medical bills, lost wages, pain and suffering and more. For more information on filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s website. To arrange for a free case review, please call 800-511-5092.
*hosted.ap.org/dynamic/stories/U/US_HIP_REPLACEMENT_LAWSUIT_JJ?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT ; Associated Press, November 19, 2013
**depuy.com/about-depuy/news-and-press/detail?tid=&year=&page=0, DePuy Orthopaedics, November 19, 2013
***bloomberg.com/news/2013-01-30/j-j-s-ekdahl-says-hips-recalled-because-of-clinical-needs.html, Bloomberg, January 30, 2013
****usasrhipsettlement.com/Un-Secure/Docs/Settlement_Program_Overview_Final.pdf, DePuy Orthopaedics, November 19, 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.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP