On November 19, 2013, a Johnson and Johnson attorney announced before Federal Court Judge David A. Katz, the presiding judge in the DePuy multi-district litigation, MDL 2441, that Johnson and Johnson intends to pay up to $2.475 billion to settle thousands of DePuy hip claims. This DePuy hip settlement addresses claims by patients implanted with recalled DePuy ASR XL implants and the ASR Resurfacing implants, which have undergone revision surgery before August 31, 2013.
Criteria of Eligibility for the DePuy Hip Settlement:
- Previously implanted with the recalled DePuy ASR XL Acetabular hip implant
- Revision surgery on or before August 31, 2013
Patients implanted with a DePuy ASR implant that required revision surgery before August 31, 2013, can file a claim for the settlement even if they have not filed a DePuy hip recall lawsuit. This DePuy hip settlement covers expenses, lost wages, and pain and suffering for patients who had revision surgery on their Depuy ASR XL hip implant. Payments to patients from the DePuy hip settlement are not expected until 2014.
The ASR Hip Settlement Program has been developed to assist individuals eligible under the DePuy hip settlement to submit claims and receive compensation.
The program’s official website will post official documents and important updates and deadlines regarding the DePuy hip settlement as well as assist those who are eligible to submit a claim to contact a claims processor.
What if I had a revision after August 31, 2013?
- If you or a loved one underwent a revision surgery of an ASR hip implant after August 31, 2013, you or your loved one are not entitled to compensation under this DePuy hip settlement agreement with Johnson and Johnson. However, your legal rights are not impacted by the DePuy hip settlement, and the Levin, Papantonio law firm will continue to actively evaluate and pursue all meritorious claims, including those for patients who had a DePuy ASR implant revised after August 31, 2013. Contact us immediately to discuss your legal rights if your DePuy ASR hip implant was revised after August 31, 2013, or if you have been told that you need revision surgery after that date.
What if I haven’t had a revision surgery yet?
- The decision to have a revision surgery is a medical decision and should only be made after careful consideration and consultation with your physician. If you have not undergone a revision surgery of your ASR hip implant, you are not entitled to compensation under this DePuy hip settlement agreement with Johnson and Johnson. However, the DePuy hip settlement does not affect your legal rights, and the Levin, Papantonio law firm will continue to investigate all claims, including those for patients who have not have a revision surgery on their ASR hip implant. Please do not hesitate to contact us immediately to discuss your legal rights.
DePuy Hip Settlement Lawsuit
The DePuy ASR XL hip implant device became available on the market in 2005. Prior to the DePuy hip recall, the Food and Drug Administration has reported hundreds of complaints concerning DePuy ASR hip implants. It wasn’t until 2010 that Depuy Orthopedics recognized that the DePuy ASR implants were defective. DePuy Orthopedics recalled their Depuy ASR implants and ASR Resurfacing implants in August 2010 after it was recognized that the defective devices were failing at an alarming rate. Court documents indicate that over 11,000 DePuy ASR lawsuits have been filed on behalf of U.S. plaintiffs since the DePuy hip recall.
Many patients implanted with the DePuy ASR have required revision surgery and have experienced painful symptoms and health complications due to the implant’s defective design, including swelling, pain, instability, loosening at the site of the implant, and an increased risk for cobalt and chromium poisoning.
Several patients who have suffered the effects of the defective DePuy ASR have filed DePuy hip recall lawsuits against DePuy for costs associated with revision surgery, pain and suffering, and other damages.
DePuy Hip Settlement Lawyer
When facing a large pharmaceutical company or device manufacturer, an injured consumer will have a difficult time handling the claims without strong legal representation. An experienced DePuy hip recall lawyer has the knowledge and the resources to represent a plaintiff in a DePuy hip recall lawsuit, which could potentially result in a DePuy hip settlement.
The Levin, Papantonio law firm is dedicated to helping patients who have been injured by defective medical devices such as the DePuy ASR implant.
If you or a loved one have been implanted with a recalled DePuy ASR hip implant and either you or your loved one have not undergone revision surgery before August 31, 2013, please do not hesitate to contact us for a FREE case evaluation of your case!