New York, NY (PRWEB) February 03, 2014
The federal judge overseeing thousands of DePuy ASR lawsuits (http://www.consumerinjurylawyers.com/DePuy/) in Ohio federal court has issued a new order pertaining to the proposed DePuy ASR settlement program, Bernstein Liebhard LLP reports.
According to the January 31st Order, U.S. District Judge David A. Katz of the Northern District of Ohio has stayed all case-specific discovery obligations with respect to any plaintiff who enrolls in the settlement program. The Order also indicated that deadlines for discovery obligations (excluding settlement registration) will be extended until April 1st in cases where plaintiffs intend to enroll in the DePuy ASR Settlement, but who are still processing paperwork, so long as counsel provides the Court with written notice of their intent to enroll. Once those plaintiffs have enrolled, discovery obligations in those cases will be stayed as well. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“Our Firm is representing hundreds of clients in DePuy ASR lawsuits who have filed cases in the federal proceeding, some of whom are eligible to participate in the settlement program,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free DePuy ASR lawsuit reviews to individuals who allegedly experienced metallosis, pseudotumor formation, premature device failure and other serious complications allegedly related to devices included in the DePuy ASR recall.
DePuy ASR Settlement
The DePuy ASR settlement proposal was announced in the Northern District of Ohio on November 19, 2013. According to court documents, plaintiffs eligible to participate in the settlement program include those who underwent revision surgery to replace their artificial hip due to a recall-related reason prior to August 31, 2013. 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 court records, the final deadline for opting in or out of the DePuy ASR settlement is April 1, 2014. DePuy ASR lawsuit plaintiffs who are not eligible to participate, as well as those who wish to opt out, may continue to purse individual claims against Johnson & Johnson and DePuy Orthopaedics.
The New York Times reported in November that if the DePuy ASR settlement is ultimately finalized, the pact is likely to cost Johnson & Johnson and DePuy as much as $2.5 billion, and would resolve around 8,000 of the 12,000 product liability claims pending against the companies. To gain final approval, the settlement must be accepted by at least 94% of eligible claimants.*
Individuals affected by the DePuy ASR recall may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. To learn more about filing a DePuy ASR lawsuit, please visit Bernstein Liebhard LLP’s website. For a free, no obligation case review, please call the Firm directly at 800-511-5092.
*nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html?_r=0, New York Times, 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