New York, New York (PRWEB) November 20, 2013
The proposed settlement of thousands of DePuy ASR lawsuit (http://www.depuy-asr-hip-recall.com/ ) claims excludes many individuals who nevertheless may have been harmed by metal-on-metal hip implants included in the 2010 DePuy ASR recall, Bernstein Liebhard LLP reports. According to the proposal, which was unveiled late yesterday in the U.S. District Court, Northern District of Ohio, DePuy ASR recipients not eligible for the settlement include those who have not yet undergone revision surgery to replace their implant, or those whose revision surgeries were performed after August 31, 2013. However, according to court documents, the proposed settlement agreement does not prevent those individuals from filing their own DePuy ASR lawsuits to obtain compensation for injuries allegedly caused by the recalled devices. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“The proposed DePuy ASR settlement will not provide any compensation for a large portion of those allegedly affected by the DePuy ASR recall. Our Firm will continue to pursue claims on behalf of these individuals,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including hundreds of clients in DePuy ASR lawsuits. The Firm is now offering free legal evaluations to individuals not eligible for the proposed settlement, including those who underwent revision surgery after August 31, 2013, or DePuy ASR recipients who have yet to have revision surgery.
DePuy ASR Settlement Proposal
According to a report from The New York Times, the proposed DePuy ASR settlement would resolve about 8,000 of the more than 12,000 product liability claims currently filed in courts around the country related to the recall. However, to take effect, the accord must first be agreed to by 94% of eligible plaintiffs. If it is finalized, the pact is expected to cost Johnson & Johnson and its DePuy Orthopaedics unit roughly $2.5 billion, and provide a base award for each eligible plaintiff of $250,000. Certain factors, including a plaintiff’s prior medical history, could result in a reduction of the base award. However, certain other circumstances, such as multiple revision surgeries, or the occurrence of “certain extraordinary injuries” in the future, could entitle some plaintiffs to a supplemental award.*
A statement issued by DePuy Orthopaedics late yesterday stipulated that the DePuy ASR settlement will apply only to recipients of the recalled hip implants who underwent revision surgery to replace the device prior to August 31, 2013.**
According to a report from Bloomberg.com, the DePuy ASR recall was issued after data indicated that 12% of the metal-on-metal hips were failing within just five years of implantation. However, more recent data indicates that the actual early failure rate associated with the devices could reach as high as 44%. When they were first launched in the U.S. in 2005, DePuy had promised that the hips could last for 20 years, Bloomberg said.***
Individuals not eligible for the proposed DePuy ASR settlement may still have a claim for compensation. To learn more about the DePuy ASR recall, visit Bernstein Liebhard LLP’s website. For a free review of your potential DePuy ASR lawsuit, please call 800-511-5092.
*nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html, New York Times, November 20, 2013
**depuy.com/about-depuy/news-and-press/detail?tid=&year=&page=0, DePuy Orthopaedics, November 19, 2013
***http://www.bloomberg.com/news/2013-11-19/j-j-unveils-hip-accord-that-may-be-worth-more-than-4-bln.html, Bloomberg.com, 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