Claims targeted at DePuy, a unit of Johnson & Johnson, over their ASR hip implant may soon be settled following the announcement of a $4 billion agreement intended to settle approximately 7,500 DePuy ASR hip lawsuits in state and federal courts across the country. According to Bloomberg, plaintiffs have filed lawsuits against DePuy and Johnson & Johnson claiming that their ASR hip implant was defectively designed, compromised health, and required numerous revision surgeries.
It is estimated that each plaintiff will receive a compensation package of around $300,000 for each of their surgical operations, though this could change depending upon a plaintiff’s age and other factors, such as the severity of injuries incurred from the ASR hip implant.
Approximately 12,000 lawsuits are pending in state courts in California, New Jersey, and Illinois. In Toledo, Ohio, DePuy ASR hip lawsuits have been consolidated into a multidistrict litigation (MDL) called In re: DePuy Orthopedics, Inc., ASR Hip Implant Products Liability Litigation, MDL no. 2197, which is being heard in the U.S. District Court for the Northern District of Ohio.
In 2005, DePuy began selling their ASR hip implant in the U.S. Five years later, in August 2010, the metal-on-metal hip implant was recalled due to its high failure rate. DePuy removed approximately 93,000 hip implants from the market in the U.S. and around the world.
To explain their reason for the recall, DePuy pointed to a UK study whose data revealed a 12 – 13 percent failure rate for the ASR XL Acetabular System and the ASR Hip Resurfacing System, a model sold outside the U.S. that was never approved by the U.S. Food and Drug Administration (FDA) due reports that it released excessive amounts of metal particles.
Though the UK study reported an abnormally high failure rate, it appears that Johnson & Johnson and DePuy had gathered their own data that showed an even higher failure rate at 37 percent within 4.6 years. Additionally, the New York Times reported that two years before the DePuy ASR hip recall, a DePuy consultant notified the head of the DePuy orthopedic unit about the ASR hip implant’s defective design.
Thus, there were a number of warning signs alerting DePuy and Johnson & Johnson as to the flawed nature of their ASR metal-on-metal hip implant.
Though the current settlement amount is estimated to be around $4 billion, sources say this number could increase as patients continue to develop problems with the defective medical device in the near future, and require revision and replacement surgeries.
As it stands, DePuy’s agreement appears to contain nothing that could potentially hinder patients from trying to obtain a compensation package from DePuy and Johnson & Johnson to cover medical expenses.
This means that, at the current moment, the settlement has no limit.
The defective medical device lawyers at Carey Danis & Lowe are encouraged by the news of the $4 billion DePuy ASR hip settlement. As a law firm that represents victims of the DePuy ASR hip implant, Carey Danis & Lowe hopes that case resolution following this settlement is swift and efficient, as so many people have claimed pain, suffering, and injury from this defective medical device.
If you believe that you have incurred injuries from the DePuy ASR hip implant, contact a defective medical device lawyer at Carey Danis & Lowe to discuss your legal options and for assistance with filing a DePuy ASR hip lawsuit. When contacting our St. Louis based law firm, you can also speak with one of our on-staff nurses about metal-on-metal hip implant safety concerns.
Share your DePuy ASR hip implant story with Carey Danis & Lowe today by calling 800.721.2519, or by submitting a confidential personal injury claim.
Learn more about the DePuy ASR hip and personal injury litigation on the Carey Danis & Lowe blog. Stay current on the latest defective medical device news, such as the recent metal-on-metal hip implants ban in UK hospitals.References: Defective Medical Device litigation, Hip/Knee Replacement, Product Liability