J&J May Offer $250 Million to Settle DePuy ASR Claims Not Covered in Original Settlement
Johnson & Johnson may offer an additional settlement of $250 million to plaintiffs in a DePuy ASR multidistrict litigation (MDL) who were not covered by the original $2.5 billion settlement, which was finalized in November of last year.
The additional DePuy ASR settlement money could cover around 1,000 additional personal injury lawsuits, which allege that DePuy Orthopedics, a subsidiary of Johnson & Johnson, failed to warn doctors and patients about the failure rate and dangers of their all-metal hip implants.
If the settlement offer is agreed to, then J&J would have settled about 75% of its total US personal injury MDL caseload.
J&J, its subsidiary DePuy Orthopedics, and a team of lawyers representing the plaintiffs in the DePuy ASR personal injury cases announced on Tuesday, November 19th, 2013, that the medical device manufacturer would pay $2.5 billion, rather than previous estimates of $3 billion or even $4 billion, to settle the lawsuits. That amounts to about $250,000 per plaintiff who has already suffered revision surgery or medical side effects – an estimated 8,000 claimants.
J&J introduced the DePuy ASR all-metal hip replacement device to the United States in 2005, after the DePuy ASR received FDA approval in 2003. However, in 2010, the company recalled 93,000 units worldwide, including 37,000 in the US alone. The company claimed initially that the recall was due to low sales figures, making the continued manufacture of the all-metal hip devices unappealing, but it turned out that 12% of the devices failed within the first five years after hip replacement surgery. The failure rate is much higher than other hip replacement devices, at double the industry standard, which can be a combination of metal and plastic, ceramic, or entirely plastic.
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.
While DePuy and J&J debate the latest ASR settlement offer, the two companies won their first bellwether trial involving another all-metal hip implant, the DePuy Pinnacle.
The Strom Law Firm Can Help with DePuy ASR and Pinnacle Personal Injury Cases
J&J had marketed the all-metal DePuy ASR and Pinnacle devices as safer and sturdier than their plastic counterparts, which last over five years. 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
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.