A medical device manufacturer who recently agreed to a $2.5 billion settlement of DePuy ASR hip lawsuits has reportedly consented to tolling agreements with plaintiffs who have not undergone revision surgery.

According to a court order on October 30th, plaintiffs who did not qualify to receive compensation through Johnson & Johnson subsidiary’s recent settlement to resolve thousands of cases over the metal-on-metal DePuy ASR metal hip replacement must inform the court by December 31, 2014 whether they will continue with their cases, or dismiss them voluntarily. Individuals who terminate their current lawsuits may be permitted to refile claims under a tolling agreement from DePuy Orthopaedics, as per the Order on October 30th, if they later undergo revision surgery to remove the implant, or are told they cannot withstand the risks of revision surgery because of an underlying medical condition. The Order was issued in the U.S. District Court, Northern District of Ohio, where a federal multidistrict litigation is underway, and indicates that the company will agree to waive statute of limitations on the filing of new cases. New plaintiffs have a year after undergoing an ASR hip revision surgery to file a case, or six months after being told revision surgery may be too risky.

Of course, some non-revised DePuy ASR claimants will choose to opt out of the company’s tolling agreements and move forward with their cases. These individuals will not be protected from motions for dismissal from the hip manufacturer, and discovery will move forward immediately.

DePuy ASR Settlement Follows $4 Billion Agreement Last Year

DePuy’s recent DePuy ASR hip agreement was reached a year after the company agreed to pay more at least $2.5 billion resolve 7,500 lawsuits filed in U.S. federal and state courts. The announcement was made in November 2013, according to a New York Times report published around that time, and resolved claims that alleged the need for removal surgery of the metal hip. All DePuy hip lawsuits affected by the company’s recent settlements were filed after a worldwide recall in August 2010 that affected 93,000 implants that were found to fail prematurely and discard metallic debris in the recipient’s blood stream. Plaintiffs accuse its manufacturer of inadequately warning patients about these risks, and creating a product that was defective.

Consider a DePuy ASR Lawsuit

If you received a DePuy ASR hip, the time is now to pursue a claim. Call our Firm at (877) 779-1414 to learn more about claims involving this metal-on-metal device.

Published November 10, 2014 by