The DePuy ASR Final Settlement Agreement Explained—Settlement Eligibility

The DePuy ASR hip recall occurred in August, 2010. The recall followed months of adverse event reports being sent to the FDA regarding injuries associated with the DePuy ASR hip implant device. After being approved in 2005, more than 93,000 ASR devices were implanted into patients across the United States. The ASR gained FDA approval through the controversial 510(k) fast-track process which allows medical devices to be approved based on their substantial similarity to a product already on the market.

Following the DePuy ASR hip recall, hundreds, then thousands of lawsuits were filed against DePuy and its parent company, Johnson & Johnson. More than 11,000 lawsuits had been filed against the manufacturer by the time the original DePuy ASR hip settlement agreement was announced. This original agreement covered approximately 8,000 of the 11,000 plaintiffs. A second round of settlements was recently announced in March, 2015, which is expected to cover another 1,400 plaintiffs. The DePuy ASR hip settlement agreement outlines who is eligible for DePuy ASR hip monetary compensation.

The following must be present for a patient to be eligible to take part in the Depuy ASR hip settlement agreement:

·         The patients must be a United States claimant, meaning he or she must have had the ASR device implanted within the United States or in a United States Military hospital. 

·         The patient must have had a DePuy ASR hip device implanted in their body.

·         The patient must have had a DePuy ASR hip revision surgery.

·         Those patients with DePuy Pinnacle hip devices do not qualify under this DePuy ASR hip settlement agreement.

·         If it is determined the patient has an excluded infection-related revision surgery, then that patient has the right to request a review by a Special Master in order to determine whether infection was the only cause related to the revision surgery. 

·         If the patient has two DePuy ASR hip implant devices, but only one has been revised, any claims related to the unrevised hip are preserved.

·         Claimants who are entitled to the $250,000 base award based on the above criteria, and had a second ASR revision surgery will be compensated under Part B, rather than being awarded twice the base award amount.

·         In addition to the $250,000 base award, claimants may be subject to certain enhancements and reductions based on such things as age, weight, what type of side effects resulted from the revision surgery and whether the patient was a smoker at the time of the revision surgery.

·         If the patient does not meet the eligibility requirements, he or she will have no further rights under the DePuy ASR hip settlement agreement. The patient’s case will be dismissed with predjudice.

·         The original DePuy ASR hip settlement agreement covers those whose revision surgery occurred prior to January 1, 2014. The second-round DePuy ASR hip settlement agreement covers those whose revision surgery occurred prior to January 1, 2015.

DePuy ASR Hip Metallosis

Many patients who have not yet undergone DePuy ASR hip revision surgery may nonetheless have suffered serious harm from a DePuy ASR hip device. Metallosis and cobalt and chromium toxicity can cause a wide range of very serious, adverse health symptoms. Metallosis can result in inflammation in the hip area, deterioration of the hip bone and tissue to the point of necrosis, chronic pain in the hip, groin or thigh area, loosening of the hip implant, and, in some cases, total hip failure.

Cobalt and chromium toxicity can cause such serious health issues as loss of vision and hearing, reproductive disorders, gastrointestinal, neurological, cardiovascular, renal and thyroid problems, the development of pseudo-tumors, memory loss, DNA disruption, vertigo, anxiety, depression and irritability. If you are one of the DePuy ASR hip implant recipients who has not yet undergone revision surgery but has suffered injury such as those listed above, it could be beneficial to speak to a DePuy ASR hip lawyer to determine whether you are eligible to file a lawsuit against the manufacturer of your hip implant.

How You Can Benefit from Speaking to a DePuy ASR Hip Lawyer

Perhaps you have had a DePuy ASR hip revision surgery and qualified for the first round of payments under the settlement agreement, but did not file your paperwork in time. With the latest second-round extension, you may be able to obtain compensation under the settlement agreement, but may need some information and advice to do so. It is possible there may be a third round DePuy ASR hip settlement, however it is equally impossible there may not be.

If you are one of the many patients whose future is still in limbo, don’t miss your window of opportunity to receive a base award and potential enhancements under the DePuy ASR hip settlement agreement. There are significant benefits from speaking to a qualified DePuy ASR hip lawyer in order to submit your claim, and the quicker you do so, the quicker you may receive your settlement. When the original settlement agreement was reached in 2013, many eligible patients did not receive funding until November or December of 2014, and others still have not received funding, so time is of the essence.