Plaintiffs in DePuy Hip Replacement Litigation Must Decide on Settlement Numbers Soon
There are currently about 8,000 plaintiffs in the DePuy ASR hip replacement multidistrict litigation (MDL), and the deadline to agree about the proposed settlement is April 1st.
In order for the plaintiffs to receive the settlement amount – $4 billion – from Johnson & Johnson, at least 94% of the plaintiffs must agree to that amount.
The agreement lays out details of how each plaintiff will be awarded settlement money. Based on medical complications, including surgery, as well as personal factors like weight and smoking, the award money will be divided up.
One plaintiff, Scotty MacGregor, does not believe that the settlement money will be enough. According to the rules of the agreement, MacGregor will only receive $150,000, which she and her family agree is not enough money to compensate her for five years of lost opportunities and medical problems.
“What Johnson and Johnson did to one person… it totally changed and altered my life forever,” MacGregor said. “It’s a slap in the face. To me, it’s morally degrading.”
In earlier cases against DePuy, plaintiffs have had mixed results against the device manufacturer. The first bellwether trial against DePuy led to the plaintiff receiving $8.3 million, while the second case was ruled in favor of DePuy.
As DePuy Litigation Moves Forward, Study Shows 2% of Americans Have Hip and Knee Replacements
A new survey shows that 2 out of every 100 Americans has gone through a hip or knee replacement, and for those over 50, that number jumps to 5 out of 100.
‘‘They are remarkable numbers,’’ said Dr. Daniel J. Berry, chairman of orthopedic surgery at the Mayo Clinic.
Arthritis and obesity are the leading causes of hip and knee replacements, followed by extreme activity and exertion, which can also lead to stress on the joints. One of the findings in the study showed that Baby Boomers, who are very active in order to avoid some of the problems stemming from arthritis and obesity, could still cause stress on their joints through their activity levels.
Although many hip and knee replacement devices, which involve both metal and ceramic parts, can last for several years, DePuy’s ASR and Pinnacle hip replacement devices are all metal, and as the parts grind against each other they can wear down, damage the tissue around the joint, and release metal particles into the blood.
The FDA has, so far, received over 300 complaints of device failure and personal injury directly related to receiving a DePuy ASR implant.
Side effects of DePuy ASR device failure include:
- Pseudotumors from metal debris
- Allergic reactions
- Permanent muscle and tissue damage
- Loose hip cups
- Hip dislocations
- Bone fractures
The Strom Law Firm Can Help with DePuy ASR Personal Injury Cases
If you or a loved one has received a metal hip replacement device, specifically such as the DePuy ASR, 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, so do not hesitate to contact us. 803.252.4800.