Johnson & Johnson and its subsidiary, DePuy Orthopaedics, have agreed to a $2.5 billion settlement of some 8,000 federal DePuy ASR lawsuit claims over the recalled metal-on-metal hip replacement, the Associated Press reports.

If approved by 94% of eligible plaintiffs, thousands of claims over the hip replacement could be resolved, according to headlines published on November 19th. Details of the settlement were announced the same day in the U.S. District Court, Northern District of Ohio, where the majority of lawsuits over the ASR metal-on-metal hip device have been filed. According to Johnson & Johnson and DePuy, the settlement agreement applies to plaintiffs who underwent revision surgeries prior to August 31, 2013 to remove an ASR hip complications stemming from the implant, which may have failed early and resulted in pain, disability, and symptoms associated with metallosis (metal ion poisoning).

J&J Settlement Could Affect Majority of DePuy ASR Recall Lawsuits

Court documents indicate that approximately 12,000 lawsuits have been filed after the DePuy ASR recall of August 2010, which was announced after a report from a British hip and joint registry showed a 12% failure rate in recipients within the first five years after implantation.  According to internal records from the manufacturer published by Bloomberg.com, 37% of patients may have experienced premature device failure in the first four years. Plaintiffs involved in DePuy ASR recall claims allege that the manufacturer failed to adequately warn doctors and patients about early failure complications prior to issuing a recall. According to lawsuits, the Johnson & Johnson hip was also defectively designed.

On its website, DePuy says that plaintiffs eligible to receive compensation through the newly-reached settlement agreement would receive $250,000 as a base award, but that amount could be reduced due to prior medical history and other factors. Plaintiffs could receive a supplemental award if they underwent multiple corrective surgeries to remove and replace their allegedly defective hips, or if they suffer “certain extraordinary injuries” thereafter.

This settlement agreement was reached after two conflicting verdicts from juries in DePuy ASR-related suits. In March 2013, a recipient of the device was awarded $8 million in compensation for his injuries in Los Angeles Superior Court, while a jury in Chicago ruled in favor of Johnson & Johnson in a separate case heard a month later, court records show.

The first trial in the federal DePuy ASR lawsuit proceeding in Ohio was scheduled to head to trial in September, but was postponed.

File a DePuy ASR Lawsuit Today

Contact an attorney today to learn more about DePuy ASR lawsuits, and the recent settlement agreement from Johnson & Johnson. The Firm can be reached directly at (877) 779-1414.

Published November 20, 2013 by