DePuy ASR™ MDL Lawsuit Update: Settlement Reached in the DePuy ASR™ Hip Implant Multidistrict Litigation (MDL 2197)
According to court documents filed in the United States District Court for the Northern District of Ohio in the Multidistrict Litigation In re: DePuy Orthopaedics Inc., ASR™ Hip Implant Products Liability Litigation, MDL 2197 (Case No. 10-md-2197), the settlement agreement has now been released. The settlement agreement outlines that there will be a base payment of $250,000 for each plaintiff involved in the federal multidistrict litigation (MDL 2197) who has underwent revision surgery to remove the ASR™ hip implant by or before August 31, 2013. Additional monies could be offered for persons who underwent bilateral revision or re-revision surgeries. However, there are additional factors that must be taken into consideration for each particular case and would potentially reduce the amount of the plaintiff’s base payment of $250,000, including but not limited to the following factors: body weight, length of time that the device was implanted, smoking history, and age.
The deadline for plaintiffs to register to participate in the settlement is January 6, 2014 and all necessary enrollment documents must be submitted by April 1, 2014. The settlement agreement outlines that the manufacturers have the right to walk away from the settlement if more than 6% of those eligible to enter into the settlement do not enroll by the deadline. If there is sufficient participation in the settlement, then it will proceed with payments made under the settlement agreement in the summer of 2014.
Kristine Kraft, partner at Schlichter, Bogard & Denton, LLP representing victims of dangerous pharmaceutical medications and unsafe medical devices, stresses that it is very important for victims implanted with DePuy ASR™ devices to consult with an attorney. Kraft stated, “Any person implanted with DePuy ASR™ devices should speak to an attorney for careful consideration of their claim pertaining to the settlement in order to protect their rights, especially in a mass settlement such as this.”
Since the withdrawal of the DePuy ASR™ (Articular Surface Replacement) hip device from the market in August 2010, thousands of lawsuits have been filed against Johnson & Johnson in the federal Multidistrict Litigation pending in the Northern District of Ohio (MDL 2197) alleging injuries to persons who had the defective DePuy ASR™ hip products implanted during hip replacement surgeries. According to the most recent report from the Judicial Panel on Multidistrict Litigation, there are over 8,500 cases pending in the DePuy ASR™ Multidistrict Litigation (MDL 2197).
According to a recent report by The New York Times, 93,000 patients have had a DePuy ASR™ hip device implanted. More importantly, Johnson & Johnson knew – even as far back as 2008 – that nearly 40 percent of patients with a DePuy ASR™ hip would experience total failure within five years. In a separate article published in January, The New York Times reports that the FDA has now issued new guidelines for the approval of metal-on-metal (“MoM”) implants, which include a provision that any MoM implant must first undergo rigorous, comprehensive clinical testing prior to being introduced to the market.
If you or a loved one has experienced complications with a DePuy ASR™ hip device, please contact the experienced attorneys attorneys at Schlichter, Bogard & Denton, LLP toll-free at 1-800-873-5297 for your confidential and free consultation.
The choice of a lawyer is an important decision and should not be based solely on advertisements. The cases discussed do not predict outcomes in future cases. Past results afford no guarantee of future results and every case is different and must be judged on its own merits.