Even before Johnson & Johnson ordered the recall of the ASR hip series, recipients had already begun suing the manufacturer for compensation. Within months, thousands of recipients had filed DePuy ASR hip lawsuits around the country and the world. Some plaintiffs have prevailed in court, and DePuy has offered a mass settlement totaling around $4 billion.
Some DePuy ASR State Court Cases Have Been Resolved
The plaintiffs in some lawsuits alleging injuries from DePuy ASR hip implants have already recovered compensation:
- In March 2013, the first DePuy ASR state-court lawsuit to go to trial resulted in an $8.35 million verdict in favor of Loren Kransky, a retired prison guard who was poisoned by the implant. The trial took place in a California state court. Kransky v. DePuy (no. BC456086, Los Angeles Superior Court).
- In August 2012, J&J paid three DePuy ASR plaintiffs with cases in state court roughly $200,000 each to settle their respective claims. Read more about DePuy settlements here.
DePuy did, however, in April 2013 successfully defend the second ASR suit to go to trial. In that case, a jury in Illinois state court returned a verdict against a registered nurse seeking $5 million for injuries allegedly caused by the DePuy ASR hip implant.
Federal Cases Set for Trial in Late 2013
In December 2010, the Judicial Panel on Multidistrict Litigation (JPML) consolidated all federal DePuy ASR lawsuits into a single pretrial proceeding—a multidistrict litigation action (MDL)—in the U.S. District Court for the Northern District of Ohio before Judge David A. Katz. This means that proceedings that occur before a trial, such as document discovery, are conducted for the benefit of all lawsuits that will go to trial. This makes the system more efficient and cost-effective.
In order to gauge better the outcomes of all these trials, a handful of cases were selected to be “bellwether” lawsuits. These are cases that serve to give parties an idea of how the numerous additional cases will transpire. It gives both the defendants and plaintiffs attorneys an idea of what the future holds for them. The first federal-court DePuy ASR lawsuits were scheduled to be tried in autumn 2013, but DePuy reportedly settled what was to be the bellwether trial.
Most recently, Johnson & Johnson has agreed to settle roughly 8,000 of the 12,000 pending DePuy ASR hip implant lawsuits for a total of about $4 billion, as reported in the New York Times, Bloomberg News, and elsewhere. The settlement proposal was submitted to a federal judge in Toledo, Ohio, on November 19, 2013. The proposal must accepted by 94 percent of eligible claimants to go forward. If accepted, the payout will be divided among the total number of plaintiffs who accept the settlement terms, but individual payouts will vary with factors like each plaintiff’s age, extent of injuries, and number of revision surgeries. Based on the figures reported, plaintiffs could expect to receive around $250,000 each as a base payment, plus medical expenses. The aggregate settlement amount could also still increase since implant recipients who have not yet had their ASR hip removed are still eligible to file claims against J&J.
DePuy Lawsuits Outside the United States
The ASR XL Acetabular System and ASR Hip Resurfacing System were both sold outside the United States, and it was thanks in part to artificial joint registries in Great Britain and Australia that evidence of the devices’ high failure rates came to light. Accurate information on the number of lawsuits pending is not easy to come by; however, estimates of the number of ASR recipients by country can be broken down as follows.
- 10,000 in the United Kingdom
- 4,000 in Australia and New Zealand
- 3,300 in Ireland
- 900 in Finland
- 300 in Czech Republic
RLG Represents ASR Recipients
If you received a recalled DePuy hip, you should consider contacting a lawyer to determine if you are eligible for recovering compensation from DePuy by filing a lawsuit. As a plaintiff, you may be able to demand damages for your full medical costs, lost income, transportation expenses, and pain and suffering.
For a free, confidential consultation with a lawyer from the Rottenstein Law Group, just click this link or call 1-800-624-9568.