Johnson & Johnson’s DePuy Orthopedics division has reportedly settled the DePuy ASR XL Acetabular System hip implant lawsuit that was poised for trial later this month in San Francisco Superior Court. The case, brought by plaintiff Robert Eugene Ottman, was slated to be the first bellwether trial in California’s coordinated DePuy ASR proceedings. Attorneys for Mr. Ottman have reportedly confirmed the settlement, but the terms have not yet been disclosed.
First DePuy ASR Settlement Since 2012
Only three other DePuy ASR XL lawsuits have settled out of court prior to Mr. Ottman’s. In 2012, three plaintiffs reportedly accepted a DePuy offer of roughly $200,000 each. Many news sources suggested at the time that this amount was too low given the magnitude of the plaintiffs’ injuries. This view was bolstered in 2013 when the first DePuy ASR trial resulted in an $8.2 million verdict for the plaintiff. Plaintiffs have every right to refuse settlement and demand trial if they expect a jury award to exceed all potential settlement offers.
Litigation Continues Amid Settlement Rumors in DePuy ASR Federal MDL
Though Bloomberg News reported in August 2013 that DePuy has been considering an aggregate settlement offer in excess of $3 billion to resolve all pending ASR lawsuits in 2014, litigation is continuing on track in the federal DePuy ASR multidistrict litigation (MDL). Judge David A. Katz, who presides over the MDL in U.S. District Court for the Northern District of Ohio, recently announced that the first federal bellwether trial will definitely commence before the end of 2013. The MDL is captioned In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation, MDL-2197, U.S District Court for the Northern District of Ohio, and the first bellwether trial designee is McCracken v. DePuy (No.: 1:11dp20485).
Contact RLG Now for a Free DePuy Lawsuit Evaluation
The Rottenstein Law Group is monitoring all DePuy ASR settlement and litigation developments closely to provide current and prospective clients with important updates as they unfold. If you received a DePuy hip implant, you should speak to an RLG attorney to discuss your eligibility to file a lawsuit. You could be entitled to compensation for medical expenses, lost income, and even pain and suffering. Even if your implant device has not yet failed or caused you any complications, you should act now to preserve your rights. At RLG, we have over 25 years of collective experience fighting large corporations and helping injured clients obtain the compensation they deserve. We invite you to discuss the details of your situation with one of our experienced litigators any time. Our consultations are 100 percent free. Just fill out this form or call 1-800-624-9568.