DePuy ASR Hip Recall
Johnson & Johnson DePuy ASR Hip Recall Settlement
On November 19, 2013 Johnson & Johnson (“J&J”) announced its agreement to pay at least $2.5 billion to resolve thousands of defective DePuy ASR hip implant claims. The settlement attempts to address the claims of those ASR patients who have undergone a revision surgery as of August 31, 2013. ASR patients who have yet to undergo a revision surgery maintain all their legal rights.
More specifically, J&J will provide a base award of $250,000 to U.S. citizens and residents who were implanted in the U.S. or at a US military hospital with a ASR XL or ASR resurfacing device, and who underwent surgical revision (removal and replace of the faulty hip implant) of the DePuy device more than 180 days after implantation and before August 31, 2013.
Note however, that the base award may be adjusted upward or downward depending on certain factors. For example, payments will be increased for extraordinary medical injuries, such as multiple surgeries (re-revisions) or clots, strokes, or heart attacks suffered as a result of revision surgery.
The J&J hip settlement also calls for reductions in payments to patients who smoked or had a Body Mass Index of over 35 at the time of implantation, patients who had the device for more than 5 years before it was revised, and patients who received the device as a revision of an existing artificial hip.
In addition to the $250,000 base payment, J&J will also reimburse most liens held by public and private insurers for medical costs they covered related to device failure.
The settlement is not final. At least 94% of those eligible for the settlement must participate for compensation to be made. There will be a process over the next six months for registering for the settlement and submitting a claim.
Capretz & Associates is advising its DePuy hip clients on the details of the settlement and how the settlement applies to the facts of their case.
To contact an experienced DePuy hip injury attorney at Capretz & Associates, please email us or call us toll-free at 1 800 351-8588.