The DePuy ASR Final Settlement Agreement Explained—Base Award and Multiple Reductions

Were You Affected by the DePuy ASR Hip Recall?

If you were one of the thousands of consumers affected by the DePuy ASR hip implant debacle, you may well be a part of one of the biggest medical device failure in recent decades. After being on the market for approximately five years, hundreds of adverse event reports were sent to the FDA regarding injuries associated with the DePuy ASR hip device. At that time, metal-on-metal implants like the ASR accounted for nearly one in three hip devices implanted in the United States.

Have You Suffered DePuy ASR Hip Metallosis?

In addition to DePuy ASR hip cobalt and chromium toxicity, many patients suffered symptoms of DePuy ASR hip metallosis. These symptoms included inflammation of the hip area, chronic pain in the hip, thigh and groin areas, loosening of the hip implant, deterioration and death of the bone and tissue, and total hip failure, requiring DePuy ASR hip revision surgery. Cobalt and chromium toxicity can affect nearly every major organ in the body, causing trouble with cardiovascular, neurological, gastrointestinal, renal and thyroid systems, hearing and vision loss, reproductive disorders, the development of pseudo-tumors, DNA disruption and a multitude of less serious symptoms.

What is the DePuy ASR Hip Settlement Agreement?

After losing a large DePuy ASR hip lawsuit in March, 2013 and being ordered to pay the plaintiff $8.3 million, DePuy and Johnson & Johnson decided to settle at least a portion of the more than 11,000 lawsuits. Approximately 8,000 of the cases were covered under the original DePuy ASR hip settlement agreement for those patients who had undergone DePuy ASR hip revision surgery. A second round covered an additional 1,400 patients.

What DePuy ASR Monetary Compensation Could You Be Entitled To?

Under the DePuy ASR hip settlement agreement, those eligible for compensation could receive a base award in the amount of $250,000, subject to certain reductions and conditions, including the following:

·         Once a patient enrolls in the DePuy ASR hip settlement agreement, any benefits the patient is entitled to under the Broadspire program will be terminated or no longer be made available.

·         By enrolling in the DePuy ASR hip settlement agreement, claimants agree that no portion of the compensation represents punitive damages.

·         The DePuy ASR hip settlement agreement is limited to a total of $2,475,000,000.00, and assumes participation of at least 8,000 qualified claimants.

·         The two major exceptions for DePuy ASR hip revision surgery pertain to the length of implantation and whether the claimant has retained counsel prior to November 11, 2013. Those claimants who are not represented by counsel are only entitled to 71% of the stated gross amounts in Part A and Part B.

·         The base award reduction for length of implantation is as follows: If the length of time from implantation to revision surgery is less than five years, the base award is $250,000. If the length of time from implantation to revision surgery is more than five years but less than six, the base award is $225,000. If the length of time from implantation to revision surgery is more than six years but less than seven, the base award is $200,000. Finally, if the length of time from implantation to revision surgery is more than seven years but less than eight, the base award will be reduced to $150,000.

·         The eleven patients who were revised less than 180 days following implantation are not eligible for participation in the DePuy ASR hip settlement agreement.

·         There will be a 5% reduction of in the base award if the claimant was a current smoker at the time of the DePuy ASR hip revision surgery.

·         Claimants with a BMI of 35-40 at the time of the revision surgery will have their base award reduced by 10%; a BMI of 40-50 will have the base award reduced by 15% and a BMI over 50 at the time of the revision surgery will have the base award reduced by 20%.

·         The part A base award will be reduced by up to 25% if the patient died within five years of the date of their ASR hip revision surgery.

·         The age at the time of the implantation will also result in a reduction of the base award: Under the age of 70, up to a 4% reduction, from 70-75, a reduction of 8%, from 80-85, a reduction of 12% and above the age of 85, a reduction of 15%.

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

You may feel you have been left out of the DePuy ASR hip settlement agreement even though you suffered serious harm from a DePuy ASR hip implant device. The first round of the settlement required that those who had undergone revision surgery must have done so prior to January 1, 2014. In March, 2015, a second-round of patients were included in the DePuy ASR hip settlement agreement and the revision surgery date was extended to January 1, 2015. There may additionally be a third round settlement, however patients cannot count on this. In other words, there is a fairly narrow window of opportunity for you to participate in the DePuy ASR hip settlement agreement. You could benefit greatly from speaking to a DePuy ASR hip attorney about your rights to claim DePuy ASR hip compensation as a result of the injuries you have sustained from your device. If you have not yet undergone revision surgery, you may nonetheless have a claim against DePuy and Johnson & Johnson. Don’t wait, speak to an experienced DePuy ASR hip attorney today.