Johnson & Johnson has agreed to pay as much as $1 billion to insurers who covered costs to remove implants affected by the 2010 DePuy ASR hip recall, according to a settlement recently proposed in Ohio federal court.

Announced on November 19th, the settlement could affect some 8,000 claims against DePuy Orthopaedics, amounting to $2.47 billion in damages paid by the hip manufacturer. A New York Times report published the following day indicates that the agreement, which must be accepted by 94% of eligible plaintiffs, may resolve the majority of 12,000 claims that have been filed over the ASR metal-on-metal hip in the U.S.

Settlement May Resolve Majority of DePuy ASR Hip Recall Claims

Plaintiffs that may be eligible to receive compensation through the settlement underwent revision surgery to remove the hip prior to August 31, 2013. Those individuals may receive a base award of $250,000, but that amount could be reduced based on certain factors including prior medical history, multiple revision surgeries and “certain extraordinary injuries” sustained in the future.

According to court records, the DePuy ASR recall settlement is moving forward in the U.S. District Court, Northern District of Ohio. Documents filed on November 22nd show that a Claims Administrator and Special Masters to oversee the settlement process have been appointed by parties involved in the federal litigation roughly three years after after a hip registry in the United Kingdom indicated that the ASR hip failed in 12 percent of recipients within five years. Since then, estimates from Johnson & Johnson have put the four-year failure rate close to 37 percent, and data from an Australian hip registry showed a 44 failure rate of ASR hips within seven years.

Plaintiffs in DePuy ASR lawsuits now allege chronic pain, metallosis, premature device failure and other serious injuries incurred after the 2010 recall. Individuals further allege that the metal-on-metal hip was defectively designed by Johnson & Johnson and DePuy, given its potential to cause complications.

Call an Attorney to File a DePuy ASR Lawsuit Today

If you were affected by the DePuy ASR hip recall but are not eligible to receive compensation through the recent settlement proposed by Johnson & Johnson, you may still take action against the hip manufacturer. Contact the lawyers at Bernstein Liebhard LLP to begin the process of filing a claim seeking reimbursement for out-of-pocket medical expenses, lost wages and other damages at (877) 779-1414.

Published December 2, 2013 by