A $2.5 billion DePuy ASR settlement has been finalized for the thousands of patients who were forced to undergo painful revision surgery to replace their metal hip implants.
The maker of the defective implants, DePuy, as well as its parent company, Johnson & Johnson (J&J) have agreed to the settlement. More than 94 percent of plaintiffs (approximately 7,200 ASR patients) have agreed to the terms, which filed the first DePuy ASR lawsuit in 2009. DePuy recalled two types of ASR implant devices in 2010.
A proposed settlement to end litigation between ASR patients and DePuy was announced in November. Initially, several media outlets reported that the settlement could total as much as $4 billion, however, all reports now point to an estimated $2.5 billion for injured ASR patients, as reported by The New York Times.
In November, J&J announced that the settlement with ASR patients was valued at “approximately $2.5 billion.” As we posted on our blog at the time, this settlement amount would only be available to those who underwent surgery to replace their ASR implants prior to August 31, 2013. For the settlement to proceed, the court required that at least 94 percent of eligible claimants agree to its terms, and it appears the goal has been reached.
Although the settlement is well on its way to paying out, it is reported that the first settlement payments are not expected until sometime this summer. J&J and DePuy will first deposit funds into an escrow account while a third-party claims administrator combs through the thousands of eligible claimants.
Many problems can arise before the money actually reaches the injured patient’s hands. It is possible DePuy could have issues with how the claims administrator handles the claims settlement. This is just what happened with BP in its Deepwater Horizon oil-spill settlement, and their fight still continues in federal court.
We are hopeful that this settlement funding by J&J and DePuy will be good news for the patients who endured ASR implant replacement surgery. As for the DePuy ASR plaintiffs who have rejected the $2.5 billion settlement, it is reported that their cases will proceed in court.
For more information, contact one of our Gacovino Lake attorneys at 1-800-246-HURT (4878).