This month, Carey Danis & Lowe provided news on the widely reported DePuy settlement of $4 billion. The latest development to surface from the DePuy ASR settlement is that DePuy has agreed to a $2.5 billion plan. Prior to this recent announcement made on November 19, many sources discussed the possibility of a $4 billion agreement.
According to the New York Times, the DePuy and Johnson & Johnson settlement will still apply to those plaintiffs who received an implant of the DePuy ASR hip implant, and have since had it removed and replaced.
Though the settlement figure has dropped from the speculated amount, in actuality, the total cost to DePuy to close these cases will not be reflected solely by this number. DePuy’s plan moving forward will be to reimburse plaintiffs for their medical expenses incurred during revision surgeries. These reimbursements will be handled separately from the settlement according to the current plan.
Thus, the $2.5 billion will provide eligible plaintiffs with a compensation package for the pain and suffering that they endured because of the ASR hip implant.
DePuy’s proposed plan will apply to approximately 8,000 of 12,000 lawsuits, with individual compensation packages estimated at $250,000. However, those plaintiffs whose experiences with the medical device were particularly unique in their harm to patient health and safety will receive additional compensation, though it is not yet clear as to the size of these supplementary awards.
It is up to eligible individuals whose cases have been consolidated in the DePuy ASR hip implant multidistrict litigation (MDL) in Ohio to decide if DePuy’s arrangement is acceptable. According to the New York Times, the plan will need to be approved by 94 percent of plaintiffs in the DePuy MDL. As of right now, it is unclear if these individuals find the plan satisfactory.
DePuy’s proposed settlement does not apply to those individuals who have filed lawsuits, but have yet to replace the defective hip implant. Still, many speculate that in the near future, DePuy will make arrangements for an additional settlement to compensate these individuals.
Carey Danis & Lowe is a defective medical device law firm headquartered in St. Louis. We represent victims of the DePuy ASR hip implant, and can help you or a loved one who has received the device. Contact one of our DePuy ASR hip lawyers today to discuss your legal options, how the DePuy settlement could affect your case, and for assistance with filing a DePuy ASR hip lawsuit.
When you contact Carey Danis & Lowe, you can also speak with one of our on-staff nurses about the health complications often associated with the DePuy ASR hip implant, including damage to surrounding tissue and bone from metal particles that this device has been known to release.
Share your DePuy ASR hip story with us today by calling 800.721.2519, or by submitting a confidential personal injury claim form.References: Defective Medical Device litigation, Hip/Knee Replacement