The DePuy ASR Final Settlement Agreement Explained—
Enhancements: Claims and Awards
If you were one of the thousands of consumers harmed by a DePuy ASR hip implant, then you are likely aware of the DePuy ASR hip recall as well as the DePuy ASR hip settlement agreement. The DePuy ASR hip recall occurred in August, 2010, after hundreds of adverse event reports were received by the FDA. Soon after the recall, DePuy ASR hip lawsuits began being filed. At one point there were more than 11,000 lawsuits against DePuy and its parent company, Johnson & Johnson. In November, 2013, the DePuy ASR hip settlement agreement was announced. The estimated cost of the settlement agreement was $2.5 billion, although many believe the cost will reach $4 million at a minimum. If you were injured by a DePuy ASR hip implant, you may be entitled to participate in the DePuy ASR hip settlement. A second round of settlements took place in March, 2015, which will include more plaintiffs in the settlement agreement. In the original DePuy ASR hip settlement, the claims and awards information include the following:
· Those patients who have undergone ASR hip revision surgery or a subsequent covered re-revision surgery are eligible under the DePuy ASR hip settlement agreement for the Part A Base Award in the amount of $250,000 if the revision or re-revision occurred prior to January 1, 2014.
· Some plaintiffs may be entitled to additional compensation under the Part B Award Program.
· Unrepresented claimants may be subject to a reduction in base award.
· Use of Tobacco products can result in a 5% reduction of the base award.
· Those with a BMI higher than 35 but less than 40 will see a 10% reduction in the base award. Those with a BMI greater than 40 but less than 50 will see a 15% reduction in the base award, and those with a BMI greater than 50 will see a 20% reduction in the base award.
· The base award will be reduced by up to 25% if the patient died within five years of the time of the revision surgery.
· Patients older than 70 will have their base award reduced by 4%, those older than 70 will have the base award reduced by 8%, those older than 80 will have their base award reduced by 12% and those older than 85 will have their base award reduced by 15%.
· Under the part B award of the DePuy ASR final settlement agreement, those patients who suffered such issues as a myocardial infarction, stroke, foot drop, pulmonary embolism, deep vein thrombosis, dislocation, infection, miscellaneous extraordinary injury or damages or death may be entitled to certain enhancements.
· Patients may receive only one enhancement for infection under the Part B award regardless of the length or number of infections claimed.
· If infection was the only reason for a re-revision surgery, the patient may be entitled to an additional Part B award which is structured on a sliding scale.
· The Part B award of the DePuy ASR hip settlement agreement provides for an award for those who have died as a result of a DePuy ASR hip implant, however certain factors such as whether the patient was married, whether the patient had minor children, financially dependent parents, adult children or lost income will be taken into account.
Those patients who did not qualify under the original DePuy ASR hip settlement agreement had their lawsuits dismissed under the settlement and could then re-file their lawsuit for injuries received from a DePuy ASR hip implant. These and other DePuy ASR implant recipients could still be entitled to DePuy ASR hip monetary compensation, whether under a separate lawsuit or under the extension of the original settlement agreement to January 1, 2015. It is expected this extension will include approximately 1,400 more DePuy ASR hip implant patients. Claims must be submitted and processed in a timely manner in order to receive funding; following the announcement of the original DePuy ASR hip settlement agreement in 2013, it took until November and December of 2014 for some people to receive funding. Some of those patients are still waiting.
Could You Benefit from Speaking to a DePuy ASR Hip Lawyer?
If you missed the first DePuy ASR hip settlement deadlines, and have had a revision surgery, you may qualify under the second round settlement agreement. It is even possible a third round of settlements under the agreement may be announced at a later date, however in order to avoid losing benefits you are owed under the agreement, it could be advantageous to speak to a DePuy ASR hip lawyer. While you may still have time to claim your DePuy ASR hip compensation, your window of time is closing up. If you have not had revision surgery, you could still be entitled to compensation for injuries such as DePuy ASR hip metallosis or metal poisoning. DePuy ASR hip metallosis can lead to dislocation of the hip, loosening of the hip implant, pain in the groin, hip or thigh, inflammation and deterioration of the bone and muscle. Don’t wait, find out if you are entitled to compensation under the DePuy ASR hip settlement.