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DePuy ASR Lawsuit Settlement Excludes Many Individuals Who May Have Been Harmed by Devices Included in DePuy ASR Recall, Bernstein Liebhard LLP Reports
Date:11/20/2013

ever, to take effect, the accord must first be agreed to by 94% of eligible plaintiffs. If it is finalized, the pact is expected to cost Johnson & Johnson and its DePuy Orthopaedics unit roughly $2.5 billion, and provide a base award for each eligible plaintiff of $250,000. Certain factors, including a plaintiff’s prior medical history, could result in a reduction of the base award. However, certain other circumstances, such as multiple revision surgeries, or the occurrence of “certain extraordinary injuries” in the future, could entitle some plaintiffs to a supplemental award.*

A statement issued by DePuy Orthopaedics late yesterday stipulated that the DePuy ASR settlement will apply only to recipients of the recalled hip implants who underwent revision surgery to replace the device prior to August 31, 2013.**

According to a report from Bloomberg.com, the DePuy ASR recall was issued after data indicated that 12% of the metal-on-metal hips were failing within just five years of implantation. However, more recent data indicates that the actual early failure rate associated with the devices could reach as high as 44%. When they were first launched in the U.S. in 2005, DePuy had promised that the hips could last for 20 years, Bloomberg said.***

Individuals not eligible for the proposed DePuy ASR settlement may still have a claim for compensation. To learn more about the DePuy ASR recall, visit Bernstein Liebhard LLP’s website. For a free review of your potential DePuy ASR lawsuit, please call 800-511-5092.

*nytimes.com/2013/11/20/business/johnson-johnson-to-offer-2-5-billion-hip-device-settlement.html, New York Times, November 20, 2013
**depuy.com/about-depuy/news-and-press/detail?tid=&year=&page=0, DePuy Orthopaedics, November 19, 2013
***

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