DePuy Formally Settles Numerous Consolidated ASR Hip Implant Litigations by Compensating Some Patients Who Had Revision Surgery, Notes Parker Waichman LLP

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DePuy and a court-appointed committee of Plaintiffs’ lawyers formally unveiled a settlement agreement valued at $2.475 billion to resolve several consolidated litigations in the United States. The settlement is designed to compensate some DePuy ASR metal-on-metal hip implant patients who underwent revision surgery on or before Aug. 31, 2013, notes Parker Waichman LLP.

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The settlement is designed to compensate DePuy ASR hip implant patients in the United States who have undergone revision surgery as of Aug. 31, 2013, to replace their implant for reasons related to the recall.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices, reports that a formal settlement valued at nearly $2.5 billion has been reached to resolve several consolidated litigations over DePuy Orthopaedics Inc.’s ASR metal-on-metal hip implant, according to a Nov. 19 press release issued by DePuy parent company Johnson & Johnson (J&J). The settlement—unveiled by DePuy and a court-appointed committee of Plaintiffs’ lawyers—was presented to the judges presiding over each litigation, along with Maryland State Court Judge, the Honorable Crystal Dixon Mittelstaedt, at a court hearing yesterday, the release added.

Judge David Katz of the U.S. District Court of the Northern District of Ohio is presiding over a federal multidistrict litigation (MDL) (In Re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL No. 2197). Consolidated state litigations are presided over by Judge Brian Martinotti of the Superior Court of New Jersey, Bergen County (In Re: DePuy ASR Hip Implants Litigation, Case No. BER-L-3971-11); Judge Deborah Mary Dooling of the Circuit Court of Cook County, Illinois (In Re: DePuy ASR Hip Litigation, Case No. 2010 L 010506); and Judge Richard Kramer of the San Francisco County Superior Court, California (In Re: DePuy ASR Hip System Cases; CJC-10-004649).

The settlement is designed to compensate DePuy ASR hip implant patients in the United States who have undergone revision surgery as of Aug. 31, 2013, to replace their implant for reasons related to the recall, the release noted. The amount stems from an estimate based on 8,000 patients who had revision surgeries and are participating in the settlement, according to the release, which added that the majority of settlement payments are expected to occur during 2014.

While the settlement agreement will bring to a close “significant ASR litigation activity in the U.S.,” the J&J press release notes, some lawsuits in the U.S. will stand. The release adds that DePuy will defend itself in court against remaining claims.

According to the J&J press release—to be eligible for the settlement, in addition to having had appropriate revision surgery, patients must meet additional criteria:

  • Patients must be a U.S. citizen or legal resident of the U.S.;
  • Patients must have undergone surgery to implant an ASR XL Acetabular Hip System or ASR Hip Resurfacing System at a hospital in the U.S. or at a U.S. military hospital; and
  • Patients must have had the ASR in place for at least 180 days;

It further states that award amounts are structured in two parts. Part A is the base award, which consists of $250,000 minus any potential reductions, adding that factors that will be considered when determining reductions from the base payment include:

  • How long the ASR was implanted in a patient;
  • Whether the patient smoked at the time of revision surgery;
  • Whether a patient had a hip replacement surgery in the same hip before the ASR was implanted;
  • Whether a patient’s Body Mass Index was greater than 35 when the ASR was implanted; and
  • The patient’s age when the ASR was implanted.

Part B contemplates additional compensation for those who can demonstrate, via submission of medical records, that they have “extraordinary injuries related to their ASR,” the J&J release adds, noting that this payment also is subject to potential reductions, based on factors including:

  • Whether a patient had surgeries on both hips;
  • Patients had or will require multiple surgeries following their ASR implant surgery (re-revision surgeries); or
  • Patients experienced extraordinary medical events associated with their revision surgery such as heart attack, stroke, pulmonary embolism, deep vein thrombosis, dislocations or foot drop.

At least 94% of qualified patients must enroll in the U.S. program by April 1, 2014, for DePuy to be required to fund the U.S. program, J&J notes as well.

Parker Waichman LLP continues to offer free legal consultations to victims of DePuy ASR and other metal-on-metal hip implant injuries. If you or a loved one experienced premature failure of your implant or other health problems associated with a recalled DePuy ASR Hip Implant or other metal-on-metal hip implant, please contact their office by visiting the firm's DePuy ASR hip implant injury page at Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
1+(800) LAW-INFO
1+(800) 529-4636

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Gary Falkowitz
Parker Waichman LLP

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