January 21, 2013 — One week before the first ASR hip implant lawsuits go to trial, Johnson & Johnson (J&J) has allegedly offered to pay $200,000 to settle each case, Bloomberg reports. With more than 10,000 lawsuits pending in state and federal court, it could mean a $2 billion settlement for the company. However, plaintiffs’ lawyers have indicated that the offer is too low and it will be rejected.
DePuy Orthopedics, a subsidiary company of J&J, recalled the ASR in 2010. The company cited a study from the U.K., which linked the ASR Hip Resurfacing System to a 12% five-year failure rate, and the ASR XL Acetabular System to a 13% five-year failure rate. Reasons for failure included severe soft tissue damage, metallosis, dislocated hip joints, severe pain, and other complications that required additional surgery to replace the defective implant.
The problem with the ASR and other metal-on-metal hip implants is that the metal “ball and socket” can grind together when the patient walks. Because the implants are made of chromium and cobalt, tiny particles of metal can leak into a patient’s tissues and bloodstream.
Many people who were implanted with a defective ASR have filed lawsuits. More than 7,200 lawsuits are filed in the U.S. District Court for the Northern District of Ohio, Toledo, where Judge David A. Katz currently presides over the federal litigation. There is another consolidated litigation in state court in California involving about 2,000 lawsuits.
Lawyers for both sides have selected a group of trials known as “bellwether trials” to begin next week. The trials will proceed before a jury unless a settlement is reached that is acceptable to most of the plaintiffs in the litigation. Cases that can’t be settled will be remanded back to the state court where they were originally filed.
Do I have a DePuy ASR Hip Implant Lawsuit?
The Schmidt Firm, PLLC is currently accepting defective hip implant induced injury cases in all 50 states. If you or somebody you know has been injured by hip implant side effects, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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