These payments to insurers will be in addition to the compensation awarded to eligible claimants who opt to participate in the DePuy ASR settlement program.
New York, New York (PRWEB) November 29, 2013
More details have emerged regarding the DePuy ASR lawsuit (http://www.depuy-asr-hip-recall.com/) settlement proposal announced on November 19, 2013 in U.S. District Court, Northern District of Ohio, Bernstein Liebhard LLP reports. According to a report from Bloomberg.com, under the proposed settlement, Johnson & Johnson would pay as much as $1 billion to insurers who covered the medical costs of removing devices involved in the 2010 DePuy ASR recall. * (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)
“These payments to insurers will be in addition to the compensation awarded to eligible claimants who opt to participate in the DePuy ASR settlement program. We will continue to evaluate the proposed agreement, so that we may advise each of our clients on 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 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 Recall
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%.*
According to a report from The New York Times, the DePuy ASR settlement could resolve roughly 8,000 of the 12,000 product liability claims filed since the metal-on-metal hips were recalled. However, it must first be accepted by 94% of eligible plaintiffs.**
Court documents pertaining to the settlement indicate that eligibility is limited to ASR hip recipients who underwent revision surgery for a reason related to the recall no later than August 31, 2013. Those claimants will 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. The accord does not bar plaintiffs who do not qualify for the settlement from pursing legal claims against Johnson & Johnson and DePuy.
Individuals who may have been harmed by a DePuy ASR hip implant are encouraged to contact Bernstein Liebhard LLP to find out more about the proposed settlement, or to discuss options for filing a DePuy ASR lawsuit. Learn more by visiting the Firm’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
**nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html, New York Times, November 20, 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