Today is the last day for individuals who have required revision surgery after suffering problems with a DePuy ASR hip replacement system to register as a part of the settlement program.
According to reports, roughly 12,000 lawsuits against Johnson & Johnson’s DePuy Orthopaedics division have been filed in federal courts. These lawsuits were filed after the medical device was subject to an FDA recall in 2010.
The DePuy ASR hip recall was issued when experts determined that one in eight hips would fail within the first five years of implantation. Now, this premature failure rate is suspected to be even higher: recent data shows that up to 35 to 45 percent of DePuy hips may fail within five years.
All of the federal DePuy hip lawsuits are based on similar claims that the company released a product that was unreasonably dangerous. The issue lies with the metal-on-metal construction of the implant, which can cause tiny particles of metal to be released into a patients’ bloodstream during normal use.
A DePuy ASR settlement program was announced in November. The manufacturer has agreed to pay at least $2.4 billion to resolve these personal injury lawsuit claims, but that amount may increase to up to $4 billion. This means that the average claimant will receive roughly $250,000. Claimants must register by today to be included in the settlement.
To qualify as a participant in the settlement agreement, individuals must meet the following qualifications outlined in the program overview:
- U.S. Citizen or a legal resident of the United States
- Recipient of either an ASR XL Acetabular Hip System or ASR Hip Resurfacing System, implanted in either a hospital in the United States or a U.S. military hospital
- DePuy ASR hip must have been in place for at least 180 days
- Revision surgery to remove DePuy ASR for recall-related reasons on or before Aug. 31, 2013
If you believe you may qualify as a part of the DePuy hip settlement, you must register by Jan. 6. A personal injury lawyer experienced in medical product liability litigation can help you navigate the legal process as you pursue just compensation for your damages.