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, Johnson & Johnson (J&J), you’ve probably heard confusing accounts concerning 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: the general types of damages available to people injured by defective products, and the settlement values obtained by some DePuy hip replacement recipients.
‘Economic’ and ‘Non-Economic’ Damages Possible for Plaintiffs
In a typical product liability case (such as when a defective medical device has injured you), a victim 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 complete overview of these different damages, you should visit this site. The most important thing for you to understand, though, is that there is no set amount of damages that applies to all cases, because individual circumstances vary considerably.
Reported J&J Settlement Offer Gives Clues for the Future
In November 2013, J&J reportedly offered to settle all outstanding ASR hip lawsuits for more than $300,000 to each plaintiff on average, depending on patient health factors. The total settlement would exceed $4 billion, a figure that would rise as recipients whose ASR devices have not yet failed undergo revision procedures and then sue J&J. Previously, Bloomberg announced that three women who underwent revision surgery for their ASRs sued DePuy in Nevada state court and reached a $600,000 settlement instead of going forward with their scheduled trial in December 2012, according to anonymous sources at DePuy. Although the average settlement comes to $200,000 per person, Bloomberg interviewed a business professor at the University of Michigan who claimed that the settlement was at the “low end” of what DePuy should have expected to pay. He gave a settlement range between $200,000 and $500,000.
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.