The DePuy ASR Hip Resurfacing System and the ASR XL Acetabular System, recalled in 2010 by manufacturer Johnson & Johnson, could cause serious harm to those implanted with the metal-on-metal hip replacement systems: the devices could come loose, fracturing bone near the implant and causing tumors. There is also the potential for metalpoisoning (metallosis), which occurs when the metal components rub together and metal ions flake off into the bloodstream. This could cause several neurological and other problems.
The 2010 recall meant that ASR implantees had to undergo what is called “revision surgery,” which is essentially a second surgery. Though the ASR implant would be replaced with another hip implant, there was still a potential for problems. For example, some of the metal ions could remain in the bloodstream and cause metallosis despite the procedure. Additional surgery means a loss of time, money, and opportunity for those who have already given up a lot for their initial hip implant surgery.
Thousands of Lawsuits Pending Across the Nation
There are more than 10,000 DePuy ASR lawsuits pending in federal and state courts across the country. Juries have awarded some plaintiffs several million dollars in damages. In March 2013, a jury in California state court awarded Loren Kransky $8.3 million for his pain and suffering related to the ASR’s serious adverse side effects. In New Jersey there are more than 600 lawsuits pending in a multicounty consolidation. Similarly, thousands of lawsuits at the federal level were consolidated into a mutidistrict litigation for pretrial efficiency and cost-effectiveness. Only the pretrial proceedings are consolidated around lawsuits with a common cause for suit, though. Each plaintiff has the potential for his or her DePuy ASR lawsuit to go trial and receive a potential damages award.
Multi-Billion Dollar Settlement Possible
Johnson & Johnson has agreed to settle some 7,000-8,000 pending DePuy ASR hip implant lawsuits for a total of at least $2.5 billion and as much as (or more than) $4 billion, as reported in the New York Times, Bloomberg News, and elsewhere. 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 anywhere from $250,000 to $500,000 each. 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.
Compensation for Your Harm
The process of demanding compensation for the harm you’ve suffered (caused by a defective product manufactured by a negligent company) can be complicated, even if it doesn’t seem fair that you should have to go through even more trouble to be made whole again.
The DePuy ASR hip implant attorneys of the Rottenstein Law Group believe that getting satisfaction from the company that harmed you shouldn’t be just more hardship. That’s why we do everything we can to streamline the process. And we remain in touch with you throughout the process of seeking compensation for the harm you’ve suffered. RLG knows that you want to be kept updated about your case. So we’ll provide regular, frequent updates regarding not just the progress of your case, but also news of other, similar cases, and even about the product and the manufacturer as well.