November 20, 2013 — Johnson & Johnson (J&J) has proposed a $2.5 billion settlement deal for approximately 8,000 plaintiffs in DePuy ASR hip implant lawsuits. The deal must be approved by 94% of eligible claimants.
In an unusual move, J&J has also agreed to pay medical expenses associated with surgery to remove and replace the defective ASR (revision surgery). The cost of treatment could push the settlement to $3 billion. There are also an additional 4,000 lawsuits that are not part of the $3 billion settlement proposal, and resolving those cases could push the total cost even higher.
The average payout per plaintiff would be $250,000 before lawyers’ fees. However, some plaintiffs could receive significantly less — especially if they smoke cigarettes, are overweight, elderly, or were implanted with the ASR for at least five years before seeking treatment for complications.
Some plaintiffs may refuse to accept the settlement in favor of an individual lawsuit. In March, a Los Angeles jury awarded a man from Montana $8 million for injuries associated with the DePuy ASR.
Evidence uncovered in trials shows that J&J knew about problems with the ASR at least as early as 2008. They stopped manufacturing the implant in 2009 and issued an official recall in 2010. By that time, 35,000 people in the U.S. and 90,000 people worldwide were implanted with the ASR.
J&J claimed the metal-on-metal “ball and socket” design of the ASR would improve its durability and longevity. Instead, whenever a patient moved, the metal parts would grind together and shed debris into a patient’s hip socket. Some studies linked the ASR to a 40-50% five-year failure rate.
Do I have a Defective Hip Implant Lawsuit?
The Schmidt Firm, PLLC is currently accepting hip implant induced injury cases in all 50 states. If you or somebody you know has been injured by a defective hip replacement, 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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