update DePuy ASR, Stryker Settlements Dominated Metal-on-Metal Hip Implant News in 2013

Settlement talks were big news in the world of metal-on-metal hip implant lawsuits involving the DePuy Orthopaedics ASR and Stryker’s similar ABG II and Rejuvenate products. The Rottenstein Law Group LLP, which represents clients in DePuy hip recall lawsuits, notes that this year DePuy agreed to a multibillion dollar settlement and Stryker recently settled some lawsuits in New Jersey after announcing it would set aside possibly a billion dollars for litigation.

In November, Johnson & Johnson subsidiary DePuy announced it would pay at least $2.5 billion to settle more than 8,000 ASR lawsuits in federal and state courts, according to Reuters. The company could also pay out at least $1 billion more in medical costs, according to Bloomberg. DePuy recalled the ASR in 2010.

In addition to the $2.5 billion DePuy settlement, J&J could pay an additional $1 billion for patients’ medical expenses related to revision surgery required by allegedly faulty ASR metal-on-metal hip implants, according to Bloomberg.

In an October regulatory filing, Stryker announced it would set aside between $700 billion and as much as $1.1 billion for ABG II and Rejuvenate-related litigation. Following that, this month the company settled four lawsuits involving those hip implant products in New Jersey state court for undisclosed sums. Stryker recalled the products in 2012.

There are about 12,000 total DePuy ASR hip recall lawsuits pending in federal and state courts. The 8,000 that are potentially eligible for a settlement involve those plaintiffs who needed revision surgery to replace their ASR implant. The remaining 4,000 lawsuits involve those claimants who allege they suffered from adverse side effects such as metal poisoning, according to the New York Times. Those individuals—and even those who have had revision surgery—are still eligible to pursue options outside of settlement, according to Reuters.

Multimillion Dollar Verdict
DePuy ASR hip recall lawsuits have experienced 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.).


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