Those who received revision surgery to replace their ASR hip implants and who are looking to qualify for a share of the multibillion DePuy ASR settlement have until Monday, Jan. 6, to file the necessary paperwork, according to court documents. The Rottenstein Law Group LLP explains the upcoming deadlines and registration requirements.
The Jan. 6 deadline pertains to registering a claim. Following that, claimants must submit all enrollment documents, such as medical records, by April 1, according to court documents (In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation; MDL-2197, U.S District Court for the Northern District of Ohio). However, if a claimant decides against participation in the settlement, he or she must also signal this intention by April 1. The court has set up a website at http://www.usasrhipsettlement.com that provides additional information.
“There are very specific requirements for the type of documentation that must be submitted,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “They must prove a claimant’s assertion that he or she is eligible for a settlement payment. The process in general can be complicated. Some claimants might decide they need representation by qualified counsel who can help them navigate the process.”
Each plaintiff in an ASR lawsuit who underwent revision surgery would get a $250,000 base payout plus additional compensation depending on factors such as the need for additional surgery or medical attention, according to court documents. DePuy, a Johnson & Johnson subsidiary, has reportedly set aside more than $2.5 billion to settle the claims, according to a Nov. 19 New York Times report. The plaintiff’s revision surgery must have been completed by Aug. 31, 2013.
“Ultimately, the decision whether or not to file a settlement claim or to sue for all damages requires careful consideration,” Rottenstein said.
There are about 12,000 DePuy ASR hip lawsuits pending in federal and state courts, about 8,000 of which were brought by plaintiffs who underwent revision surgery, according to the Times. The remaining 4,000 or more lawsuits involve plaintiffs who allegedly suffered from metal poisoning and other adverse side effects. Those individuals—and even those who have had revision surgery—are still eligible to pursue options outside of settlement, according to a Nov. 20 Reuters story. In order for the settlement to move forward, at least 94 percent of eligible plaintiffs must submit their enrollment documents by April 1, according to court documents.
Multimillion Dollar Verdict
DePuy hip recall lawsuits have had some positive outcomes at trial in state courts. In March 2013 a California jury awarded plaintiff Loren Kransky more than $8 million, according to court documents (Kransky v. DePuy Orthopaedics; BC456086, Los Angeles Superior Court). In October 2013 DePuy settled with plaintiff Robert Eugene Ottman for an undisclosed sum, according to court documents (DePuy ASR Hip System Cases; CJC-10-004649, San Francisco Superior Court, Calif.).
DePuy ASR Hip Recall
In 2010 Johnson & Johnson recalled 93,000 hip implants, including 37,000 in the United States, according to the Times. In internal documents Johnson & Johnson determined that 40 percent of ASR hip implants would fail within five years, according to the Times.