Recently, a new round of settlements for the ASR hip litigation has occurred; the first Johnson & Johnson settlement, in excess of $2.5 billion, took place in 2013. The 2013 ASR hip settlement was the second largest Johnson & Johnson product liability lawsuit settlement in U.S. history, and settled approximately 7,500 hip lawsuit claims for about $250,000 each. The first settlement compensated eligible ASR patients in the United States who underwent revision surgery prior to August 31, 2013. At the time of the first settlement, it was speculated that the total amount for the DePuy ASR lawsuits could eventually reach $4 billion. The latest round of DePuy ASR hip settlements will compensate eligible ASR patients in the United States who underwent revision surgery between August 31, 2013 and January 31, 2015.
Specifics of the DePuy ASR Hip Settlement Agreements
The initial DePuy/Johnson & Johnson ASR hip settlement agreement required approval by 94% of the eligible claimants who had filed lawsuits in the consolidated litigation. Most of the plaintiffs involved in both the settlement agreements will receive Part A, which is a base award of $250,000 to compensate for pain and suffering. The $250,000 does not include medical expenses, and will cover U.S. citizens or those at a U.S. military hospital were implanted with an ASR XL or ASR resurfacing device, then underwent removal and replacement of the device (revision surgery) within five years of receiving the original implant. The base award can be adjusted, depending on the specific circumstances surrounding each person’s implant, injuries and revision surgery. Patients who received an ASR hip implant device in both hips are eligible for Part B payouts (if they had revision surgery on both hips). Most liens by private or public insurers for medical costs will also be reimbursed under the settlement.
Factors Which Could Result in Reductions to the Base Award
There are a number of factors, set out by DePuy in both settlement agreements which can results in reductions to the base award. These factors include the following:
· The length of time your DePuy ASR metal hip device was implanted;
· If you smoked at the time of your revision surgery;
· If you had a hip replacement surgery in the same hip prior to the time the DePuy ASR was implanted;
· For patients who are deceased, whether the patient died shortly after the ASR revision surgery for reasons that are not related to the surgery;
· If your body mass index was higher than 35 at the time of your original ASR implantation, and
· How old you were at the time you received your original ASR hip implant device.
If you are eligible for either of these two DePuy ASR hip settlements, it is important to speak to an experienced DePuy ASR hip lawyer. You may have developed symptoms of DePuy ASR hip metallosis such as inflammation, pain in the groin, hip or thigh, deterioration or necrosis of tissue and bone or failure of the ASR, however unless you have undergone revision surgery, you are not eligible for either of the DePuy ASR settlements. Contact a knowledgeable DePuy ASR hip attorney for information and answers to your questions.