(PRWEB) November 22, 2013
New details have come to light in the multibillion dollar DePuy ASR hip settlement announced this week, including the specifics of eligibility to file a claim for a share of the settlement. The Rottenstein Law Group LLP, which maintains the ASR recall informational website http://www.depuyhiprecallnewscenter.com, discusses that and other details of the settlement.
Each plaintiff in an ASR lawsuit who underwent revision surgery would get a $250,000 base payout plus additional compensation depending on factors such as the need for additional surgery or medical attention, according to court documents (In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation; MDL-2197, U.S District Court for the Northern District of Ohio).
“The decision whether or not to file a simple claim or to sue for damages requires careful consideration,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “Even with this mass settlement arrangement possible, a DePuy ASR recipient should speak to a qualified attorney.”
Among the factors involved is the timing of the patient’s revision surgery. If a plaintiff underwent revision surgery after five years or longer with the implant, then the settlement amount would be less than $250,000, according to court documents. The revision surgery must have been completed by Aug. 31, 2013. Other factors include:
- Smoking at time of revision surgery;
- Hip replacement surgery on the same hip before ASR implantation;
- A body mass index of more than 35 at time of ASR implantation;
- Age at time of original ASR hip implant surgery; and
- If a hip implant patient has died, whether the death occurred following revision surgery for unrelated reasons.
The deadline to register a settlement claim is Jan. 6, 2014, and all enrollment documents must be submitted by April 1, according to court documents. In order for the settlement to move forward, at least 94 percent of ASR hip patients must qualify for enrollment by the April deadline.
There are about 12,000 DePuy ASR hip lawsuits pending in federal and state courts, about 8,000 of which were brought by plaintiffs who underwent revision surgery, according to a Nov. 19 New York Times report.* The remaining 4,000 or more lawsuits involve plaintiffs who allegedly suffered from metal poisoning and other 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.** The agreement to settle with those who underwent revision surgery sets aside at least $2.5 billion for the settlement.
Multimillion Dollar Verdict
DePuy ASR hip lawsuits have had 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). 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 Hip 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.
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