As we review the details of the settlement proposal, we will continue to work with our clients who may be eligible to determine their best course of action.
New York, New York (PRWEB) November 25, 2013
The proposed settlement of thousands of DePuy ASR hip lawsuit (http://www.depuy-asr-hip-recall.com/) claims continues to move forward, Bernstein Liebhard LLP reports. According to an Order issued in the U.S. District Court, Northern District of Ohio on November 22nd, the Court has established procedures for the registration of DePuy ASR recall cases and claims. Among other things, the Order stipulates that all potential claimants must register for the DePuy ASR settlement no later than January 6, 2014. Registration in no way signifies a claimant’s commitment or intent to enroll in the settlement program. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197).
“As we review the details of the settlement proposal, we will continue to work with our clients who may be eligible to determine their best course of action,” 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 may have been harmed by this recalled hip implant, including those who are not eligible for compensation through the proposed DePuy ASR settlement.
DePuy ASR Lawsuit Settlement
The DePuy ASR settlement was announced in the Northern District of Ohio on November 19, 2013. According to court documents, eligible hip recipients include those who underwent revision of their hip implant for a reason related to the DePuy ASR recall no later than August 31, 2013. The settlement will provide a base award of $250,000 for those individuals. 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.*
The New York Times has reported that if the accord is accepted by 94% of eligible plaintiffs, the $2.5 billion settlement would resolve roughly 8,000 of the 12,000 claims currently pending against Johnson & Johnson and its DePuy Orthopaedics unit.**
According to Bloomberg.com, tens of thousands of DePuy ASR hip implants were recalled worldwide in August 2010, after data from a British hip registry indicated the devices were failing at an unacceptably high rate within just 5 years of implantation. Most recently, 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%.**
ASR hip recipients who are not eligible to participate in the DePuy ASR settlement may still be entitled to file an individual lawsuit if they experienced serious complications allegedly associated with the device. For more information about your legal options, please visit Bernstein Liebhard LLP’s website. To arrange for a free case review of your potential DePuy ASR lawsuit, please call 800-511-5092.
*usasrhipsettlement.com/Un-Secure/Docs/Settlement_Program_Overview_Final.pdf, DePuy Orthopaedics, November 19, 2013.
**nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html, New York Times, November 20, 2013
***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