DePuy Orthopedics Agrees to Pay $2.5 Billion in Hip Implant Settlement
DePuy Orthopedics, a subsidiary of much-maligned medical manufacturer Johnson & Johnson, has agreed to waive its “walk-away rights,” which has finalized the company’s settlement payment in its all-metal hip replacement lawsuit. DePuy will pay $2.5 billion to settle thousands of plaintiffs’ personal injury claims in the defective medical device lawsuits.
Officials with DePuy agreed that there were enough plaintiffs to proceed with the multi-billion dollar settlement, and filed paperwork to that end on May 20th with the US District Court for the Northern District of Toledo.
“While Settlement Program enrollment forms are still being processed, most (eligible) patients have opted into the program,” court documents stated.
“The company is, therefore, moving forward before the June 1 decision deadline provided for in the Agreement. The exact timing and amount of compensation will depend on a number of factors and circumstances specific to each claim,” the documents continued.
“However, eligible patients with allowed claims can expect payment now that there is certainty the program is moving forward,” the court papers said.
DePuy has been negotiating the settlement amount since it agreed to pay the victims of all-metal hip implant defects in November 2013. The original agreement set the base rate, which would cover the cost of a hip implant replacement, at $250,000 per plaintiff. In March of this year, a settlement amount of $4 billion was proposed in the defective device litigation.
“DePuy remains committed to the well-being of ASR patients, as demonstrated by the worldwide voluntary recall and the global Broadspire program providing support for recall-related care,” said Mindy Tinsley, a DePuy spokeswoman.
There were around 8,000 personal injury plaintiffs in the DePuy ASR multidistrict litigation (MDL). An estimate suggested that around 35,000 al-metal DePuy ASR hip implants had been used on United States patients between 2006 and 2010, when DePuy recalled 93,000 units of the all-metal hip device. While the company claimed that the all-metal hip implants would last longer than other models of artificial hips, such as ceramic and metal or plastic and metal, the devices actually failed at a higher rate, often earlier than 5 years.
According to the New York Times, DePuy Orthopedics launched their metal-on-metal hip implant without thoroughly testing and researching it. It became cleared through a narrow pathway called the 510(k) approval process, which did not require it to undergo clinical trials. However, the FDA received 300 complaints regarding device failure and personal injury from the DePuy all-metal hip implants.
Side effects of DePuy ASR device failure include:
- Pseudotumors from metal debris
- Allergic reactions
- Permanent muscle and tissue damage
- Pain from infection or destroyed tissue
- Loose hip cups
- Hip dislocations
- Bone fractures
The Strom Law Firm Can Help with Defective Medical Device Cases
If you or a loved one has received a metal hip replacement device, and have since suffered painful side effects, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case. Give us a call today. 803.252.4800.
