If you are a recipient of an ASR XL Acetabular System or an ASR Hip Resurfacing System, both of which were recalled by DePuy Orthopaedics and its parent company, Johnson & Johnson (J&J) in 2010, you’ve probably heard conflicting accounts of how much DePuy is willing to pay ASR injury victims. In determining the amount of compensation you might be entitled to, it is helpful to consider two things: (1) the general types of damages available to victims of defective products, and (2) the specific values of settlements and jury verdicts already obtained by some DePuy hip replacement recipients.
‘Economic’ and ‘Non-Economic’ Damages Possible for Plaintiffs
In typical product liability cases, a victim injured by a defective device can potentially recover a combination of economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering). For a detailed overview of these different types of damages, visit this site. The most important thing to understand, though, is that there is no set amount of damages that applies to all cases, because individual circumstances vary considerably.
J&J’s Current Settlement Offer Explained
In November 2013, J&J offered to settle roughly 8,000 of its 12,000 pending ASR lawsuits for an amount that could average out to anywhere from $250,000 to $500,000 for each eligible plaintiff. The individual payouts will entail a “base award” of $250,000 for pain and suffering, plus an additional sum on top of that for economic damages such as medical expenses. This additional sum will vary based on factors such as age, extent of injuries and treatment, length of time since the hip was implanted, and number of revision surgeries undergone. Right now, only plaintiffs who have already undergone at least one revision surgery are eligible, but the total aggregate settlement amount could still rise as claimants whose implants have not yet failed will become eligible upon undergoing their first revisions.
Plaintiffs Must Enroll in Settlement by April 1, 2014
Registered claimants who wish to accept the settlement have until April 1, 2014 to submit the proper enrollment paperwork online. At least 94 percent of all eligible claimants must enroll, though, or J&J can still withdraw from the deal. Of course, all claimants also still have the right to reject the settlement and demand a trial for their individual claims if they believe a jury verdict could be even more favorable. The first DePuy ASR case to go to trial resulted in an $8.26 million verdict for a plaintiff who suffered metal poisoning from the implant. A second trial, however, resulted in a win for J&J.
RLG Will Fight for You
It remains to be seen how many DePuy ASR hip recipients will accept J&J’s lawsuit settlement—and how much they actually receive. The fact remains, however, that taking legal action might be your best and only chance to recover compensation from DePuy. An attorney from the Rottenstein Law Group can provide you with a much clearer idea of how much money you might be entitled to. To speak with a DePuy hip replacement lawyer, call Rottenstein Law Group at 1-877-312-3274 or contact us online.