The DePuy ASR settlement program is TODAY. Do you qualify for compensation?
Johnson & Johnson’s DePuy Orthopaedics division is currently facing about 12,000 hip replacement lawsuits following the recall of the DePuy ASR XL Acetabular Hip System back in 2010. They are being accused of designing and selling a defective and dangerous hip implant. Recent data has found that one out of every eight people who received this metal-on-metal hip replacement system experience failure within 5 years. Other data has shown that rate to be substantially higher, being more in the 35-45% range.
Complaints against the hip replacement company have been that the metal-on-metal parts tend to rub against each other during normal wear and tear and release metallic debris in the body.
A DePuy ASR settlement program was created back in November 2013 that will result in the manufacturer paying at least $23.4 billion to resolve claims. It is speculated that total benefits available under the offer could reach as high as $4 billion after accounting for medical expense compensation.
Individuals who underwent hip revision surgery prior to August 31, 2013 due to problems they experienced with a DePuy ASR Hip could be eligible for compensation averaging about $250,000 per claim, with additional damages available for “extraordinary” injuries (i.e. those who experienced complications after the revision surgery).
Potential participants in the settlement must meet the following requirements:
– Be a U.S citizen or legal resident of the United States
– Had the ASR in place for at least 180 days
– Had to undergo revision surgery to remove the implant for reasons related to the recall or before August 31, 2013
– Had either the ASR XL Acetabular Hip System or ASR Hip Resurfacing System implanted in the U.S. or a U.S. military hospital.
The base award for the settlement program is $250,000 per claim, but it can be altered by a number of factors such as whether the individual smoked at the time of the revision surgery, how long the implant was in place, whether this is the first implant the individual had received, age, weight, and, if the individual had died after the revision surgery (from an unrelated cause).
I Meet the Eligibility. What Does This Mean?
One thing to keep in mind is that this settlement program is not mandatory. Every participant has the option to accept or reject the offer provided under the program. Yet, in order for it to proceed, Johnson & Johnson is requiring at least 94% of the eligible claims accept the terms. At least that is what they are saying. In mass tort settlements, the companies rarely hold the plaintiffs’ feet to fire on this.
Did you or someone you know receive the DePuy ASR metal-on-metal hip implant only to need revision surgery due to complications? If so, contact us to discuss your concerns at 1.800.553.8082 or online, here.