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DePuy ASR Lawsuit Settlement Update: Rottenstein Law Group LLP Comments on Report of Proposed Additional Compensation

(PRWEB) December 03, 2013

On top of a multibillion dollar DePuy ASR settlement, Johnson & Johnson could pay an additional $1 billion in patients’ medical expenses related to the company’s recalled DePuy ASR metal-on-metal hip implant. The Rottenstein Law Group LLP, which represents clients in ASR lawsuits and maintains the website ASR informational website, explains what it means for those considering an agreement to settle.

The additional funds set aside would cover insurers’ medical costs associated with revision surgery (i.e., surgeries required to replace an ASR hip implant), according to a Nov. 27 Bloomberg report.* The exact amount is unknown, the article said, but would likely be somewhere between $500 million and $1 billion.

“In order to qualify for a DePuy settlement, a patient must meet a very specific set of criteria. There is an even stricter set of criteria to qualify for the additional funds,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “Settlements can be satisfactory for a plaintiff; nevertheless, before proceeding with any agreement it is important that a hip patient discuss his or her options with an attorney.”

Johnson & Johnson agreed to the multibillion dollar DePuy ASR settlement last month as a way to resolve a majority of the ASR lawsuits pending, according to a Nov. 20 New York Times report.** There are about 12,000 DePuy ASR hip lawsuits pending in federal and state courts, about 8,000 of which were brought by plaintiffs who underwent revision surgery, according to the Times. There are about 4,000 lawsuits remaining that involve plaintiffs who allege they suffered from adverse side effects such as metal poisoning (a/k/a “metallosis.”) Those individuals—and even those who have had revision surgery—are still eligible to pursue options outside of settlement, according to a Nov. 20 Reuters story.***

Multimillion Dollar Verdict
DePuy ASR hip lawsuits have had some positive outcomes at trial in state courts. In March 2013, a California jury awarded plaintiff Loren Kransky more than $8 million, according to court documents (Kransky v. DePuy Orthopaedics; BC456086, Los Angeles Superior Court). In October 2013 DePuy settled with plaintiff Robert Eugene Ottman for an undisclosed sum, according to court documents (DePuy ASR Hip System Cases; CJC-10-004649, San Francisco Superior Court, Calif.).

DePuy ASR Hip Recall
In 2010 Johnson & Johnson recalled 93,000 hip implants, including 37,000 in the United States, according to the Times. Internal documents from Johnson & Johnson determined that 40 percent of ASR hip implants would fail within five years, the Times article said.

The Rottenstein Law Group LLP encourages those who believe they have suffered from the ASR’s alleged side effects to visit its FAQ page to learn more about DePuy ASR hip lawsuits, settlements and side effects, and how to contact an attorney for a free consultation.




The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)

The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
# 804
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com


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