As being reported by numerous news agencies, Johnson & Johnson has agreed to settle thousands of pending lawsuits against its subsidiary DePuy Othopaedics arising from its ASR hip implant. Attorneys for the Plaintiffs and Defendants announced the DePuy hip implant settlement agreement during a settlement conference on November 19, 2013 before the Honorable David S. Katz, judge for the United States District Court, Northern District of Ohio, Western Division.
Following the settlement conference, details of the DePuy hip implant settlement agreement became clear. As documented in the settlement conference transcript, Johnson & Johnson has agreed to settle approximately 8,000 pending cases involving patients who received a DePuy metal-on-metal hip implant and later needed to have the implant replaced. The settlement will apply to pending lawsuits in federal and state courts and will be valued at approximately $2.475 billion dollars.
In order to be eligible for compensation under the DePuy hip implant settlement, a claimant must have had a DePuy ASR XL acetabular hip system or the ASR hip resurfacing system in a surgery which took place in the United States or at a U.S. military hospital. In addition a claimant must have had the ASR removed for reasons related to the recall on or before August 31, 2013 after having the implant in place for more than 180 days.
The settlement is structured in two parts. Under Part A of the program, patients who are qualified to participate will receive one base award of $250,000 subject to potential reductions. Under Part B of the program, supplemental awards will be made to patients who can demonstrate that they have extraordinary injuries related to the removal of their implant. For example, people who require multiple hip surgeries following their implant or re-revision surgeries or people who have experienced extraordinary medical events during the revision surgery, such as heart attack or stroke.
There will be an enrollment deadline of April 1, 2014. Following this date, Johnson & Johnson will have 60 days to withdraw from the agreement depending on participation. Following that 60 day period, assuming Johnson & Johnson does not withdraw, payments can begin. This agreement does not impact the legal right of those patients who have had an DePuy hip implant and filed a lawsuit but have yet to undergo revision surgery. Those cases will continue to be litigated.
If you or a loved one have had a DePuy ASR hip implant and had revision surgery, you may be eligible to participate in the DePuy hip implant settlement. If you received an ASR hip implant and have not undergone revision surgery, you may also be able to pursue compensation. The attorneys at Lopez McHugh, LLP are evaluating potential cases relating to DePuy hip implants. Contact Lopez McHugh, LLP to ensure your legal rights are protected.