Magana Cathcart & McCarthy

Multi-Billion Dollar Settlement Reached in DePuy Hip Replacement Product Litigation

DePuy Hip Replacement Product Litigation

Johnson & Johnson has agreed to a multi-billion dollar settlement in products liability litigation brought against it regarding certain artificial hips developed by its DePuy Orthopedics unit. The metal-on-metal hip replacements failed at an unreasonable rate, requiring thousands of patients to undergo painful, risky revision surgeries.

The settlement covers the nearly 8,000 patients who have had surgery to have their DePuy hips removed, specifically the Articular Surface Replacement (ASR) model. Eligible individuals will receive about $250,000 on average, with some people receiving more or less in individual cases, based upon the extent of their injuries. The total payout from the settlement will be at least $2.47 billion and could rise to $4 billion or more by the time all the claims have been settled.

When the ASR fails, it causes painful swelling and infection and must be replaced by a safer artificial hip. Another issue with the metal-on-metal design of the ASR is that metal debris can erode from the device, sending chromium and cobalt into the bloodstream and tissues, leading to blood poisoning and tissue death.

The first verdict among the 12,000 ASR lawsuits already filed came last March, when a Los Angeles jury awarded $8.3 million following a five-week trial. Faced with trials and outcomes such as this, it is no wonder Johnson & Johnson agreed to a large settlement. There are still thousands of individuals whose claims have not been settled. Johnson & Johnson sold 93,000 ASR units before it issued a recall of the defective medical device.

Act Now to Secure Your Claim

The settlement covers individuals who had revision surgery performed on or before August 31, 2013. If these facts apply to you, you should contact a California personal injury attorney right away to make sure you submit a claim for compensation before the deadline for filing claims arrives. If you received a DePuy ASR hip replacement but have not yet had replacement surgery, you should still contact an attorney as soon as possible, because you are likely entitled to compensation from Johnson & Johnson as well.

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