Johnson & Johnson DePuy Hip Recall Settlement Summarized
The ASR XL Acetabular and ASR Hip Resurfacing system hip are all-metal, also called metal-on-metal, artificial hip implants manufactured by DePuy Orthopaedics, a subsidiary of Johnson & Johnson. Close to 40,000 patients in the U.S. received a DePuy ASR hip implant from its introduction to the market in August 2005 through August 2010, when DePuy issued a recalled for the device.
On November 19, 2013, Johnson & Johnson announced its agreement to pay at least $2.5 billion to resolve thousands of defective DePuy ASR hip implant lawsuits.
As explained by Lieff Cabraser injury attorney Wendy Fleishman, "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."
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 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 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.
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.
Patients who were revised after August 31, 2013 are not eligible for this phase of the settlement and retain their rights.
Lieff Cabraser is a advising its DePuy hip clients on the details of the settlement and how the settlement applies to the facts of their case and medical history.
To contact an experienced DePuy hip injury attorney at Lieff Cabraser please click here to contact us or call us toll-free at 1 800 541-7358 and ask to speak to attorney Lexi Hazam.
By Wendy Fleishman.