(PRWEB) November 20, 2013
Johnson & Johnson and its subsidiary DePuy Orthopaedics agreed Nov. 19 to a DePuy ASR hip settlement of at least $2.5 billion, according to news reports. The Rottenstein Law Group LLP, a metal-on-metal hip implant law firm, notes that those who underwent revision surgery will be eligible for a settlement, but settlement is not required.
The average settlement per claimant will be about $250,000 if the arrangement is approved, according to a Nov. 19 New York Times report.* However, according to a Nov. 20 Reuters story,** leadership for the plaintiffs indicated that there is no cap on compensation, which depends on the severity of medical complications. To qualify, ASR hip implant recipients would have to have undergone revision surgery by Aug. 31, 2013. This includes plaintiffs in about two-thirds of the 12,000 state and federal ASR lawsuits.
In order for the settlement to move forward, 94 percent of the plaintiffs in thousands of lawsuits must approve of it, the Times said.
“Settlement could provide well-deserved compensation to those who were injured by their defective ASR metal-on-metal hip implant,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “Nevertheless, settlement is only one way to obtain compensation. It is important that ASR hip implant recipients consult with their attorneys to determine the best option for them.”
Multimillion Dollar Verdict
DePuy ASR lawsuits have mixed results at trial in state court. In March 2013 a California jury awarded plaintiff Loren Kransky more than $8 million because of a defective design, 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).
The remaining ASR hip lawsuits that do not involve the plaintiff undergoing revision surgery, about 4,000 suits in federal and state court, are still eligible for litigation, according to Reuters. The article also indicated that those who did undergo revision but decide to opt out of a settlement also are still able to litigate if they choose.
DePuy ASR Recall
In 2010 Johnson & Johnson recalled 93,000 hip implants, including 37,000 in the U.S., 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.
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