The best thing an ASR hip implant patient can do is consult an attorney without any further delay to discuss all the options available to them.
(PRWEB) November 21, 2013
Following news this week that Johnson & Johnson has agreed to pay out at least $2.5 billion in DePuy ASR hip settlements to those who underwent revision surgery to replace their metal-on-metal hip implants, the Rottenstein Law Group LLP notes that those who don’t fall under that category are still able to file an ASR lawsuit. RLG maintains a DePuy ASR informational website at http://www.depuyhiprecallnewscenter.com.
There are about 12,000 ASR hip lawsuits pending in state and federal court, about 8,000 of which were brought by plaintiffs who underwent revision surgery, according to a Nov. 19 New York Times report.* The remaining approximately 4,000 lawsuits involve plaintiffs who allegedly suffered from metal poisoning and other non-revision-related adverse side effects. Those individuals—and even those who have had revision surgery—are still eligible to pursue options outside of settlement, according to a Nov. 20 Reuters story.**
“A trial is still a possibility for those who either don’t choose to be part of the mass settlement or who are not eligible,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “A settlement has its benefits, of course, but so do other options. The best thing an ASR hip implant patient can do is consult an attorney without any further delay to discuss all the options available to them.”
Leadership for the plaintiffs indicated that there is no cap on compensation per claimant in the settlement; only that compensation is ultimately contingent on the degree of medical complications, according Reuters. To qualify, ASR hip implant recipients would have to have undergone revision surgery by Aug. 31, 2013.
Multimillion Dollar Verdict
DePuy ASR hip lawsuits have had mostly positive outcomes at trial in state courts. In March 2013 a California jury awarded plaintiff Loren Kransky more than $8 million, according to court documents (Kransky v. DePuy Orthopaedics; BC456086, Los Angeles Superior Court). However, an April 2013 verdict in Chicago favored DePuy, according to court documents (Strum v. DePuy Orthopaedics; 2011-L-9352, Circuit Court of Cook County).
In October 2013 DePuy settled with plaintiff Robert Eugene Ottman for an undisclosed sum, according to court documents (DePuy ASR Hip System Cases; CJC-10-004649, San Francisco Superior Court, Calif.).
DePuy ASR Recall
In 2010 Johnson & Johnson recalled 93,000 hip implants, including 37,000 in the United States, according to the Times, which also said that in internal documents Johnson & Johnson determined that 40 percent of ASR hip implants would fail within five years.
ASR hip implantees have filed lawsuits alleging they have suffered from serious adverse side effects, such as early device failure, pain, discomfort and metal poisoning (a/k/a metallosis), according to court documents.
The Rottenstein Law Group LLP encourages those who believe they have suffered from the ASR’s alleged side effects to visit its FAQ page to learn more about DePuy ASR hip lawsuits, settlements and side effects, and how to contact an attorney for a free consultation.
The DePuy ASR hip settlement follows a $2.2 billion settlement agreement involving Johnson & Johnson’s marketing of antipsychotic drug Risperdal, according to Reuters. In addition, the company’s Ethicon subsidiary is a defendant in more than 20,000 state and federal transvaginal mesh lawsuits, the article said. Ethicon is the only one of six major mesh manufacturers reportedly not involved in vaginal mesh settlement talks.
About THE ROTTENSTEIN LAW GROUP LLP
The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com