Recently, Bloomberg Businessweek reported that the first three DePuy ASR lawsuits set for trial were settled for approximately $600,000. Reports indicate that three plaintiffs who had filed DePuy ASR recall lawsuits in Nevada state court received around $200,000. The settlements occurred on the eve of trial. But what were the exact terms of these settlements? Shortly after the dollar amount was made public, the settling plaintiffs filed a motion to strike the confidentiality of the settlement terms. The motion was later withdrawn, leaving many questions unanswered. For instance, what were the terms of the settlement? Did the plaintiffs receive more than the $600,000 reported to the public?

Based on the numbers publicly disclosed, Eric Gordon, a business professor at the University of Michigan, told Bloomberg News that the J&J settlements were “at the low end of what the company should have expected” to pay. Gordon believes that J&J should have expected to pay somewhere between $200,000-$500,000 for each case. Is it possible that DePuy Orthopaedics deliberately leaked information to mislead other DePuy ASR hip recall victims about how much their filed claims are worth? Surely, it’s in a defendant’s best interest to set the bar low – especially when you still have thousands of other lawsuits waiting in the wings. However, without knowing the exact terms of the DePuy settlement, it’s likely we’ll never know.

This is not the first time J&J settled a case on the eve of trial. The company recently settled a lawsuit over side effects from the antipsychotic drug Risperdal on the first day of trial. The plaintiff’s lawyer did not provide details of the settlement, but it was the first of approximately 130 lawsuits alleging that the drug caused boys to grow breasts, and one of about 420 suits pending against the company alleging injuries caused by Risperdal.

J&J is currently defending approximately 6,000 lawsuits stemming from the August 2010 DePuy ASR hip recall. Given that the first of the ASR lawsuits to go to trial have settled, we are eagerly awaiting what J&J will do in the next few months, given that the next ASR trial date is set for January 2013 in Maryland state court. The first federal DePuy ASR hip recall lawsuit is scheduled for May 6, 2013, with a second trial set for July 8, 2013.

If you were a victim of the DePuy ASR hip recall and underwent revision surgery to remove the defective hip implant, join the thousands of other patients filing lawsuits who are seeking compensation for their injuries. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. Contact a DePuy hip recall lawyer today for a free and confidential case review by calling (877) 779-1414.

Published September 13, 2012 by