Defective Hip Settlement Center
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DePuy ASR Acetabular Hip Replacement Recall
This is not the “official” DePuy ASR settlement website. The information provided here is for informational purposes only. The official website about the settlement is available at www.USASRHipSettlement.com. We encourage everyone to visit this website for detailed information concerning the settlement.
November 19, 2013 – Today in Toledo, Ohio, DePuy Orthopedics announced they were initiating a voluntary settlement program in an effort to resolve approximately 8,000 lawsuits filed against them from the recall of their DePuy ASR prosthetic hip. Under the program, individuals who underwent revision surgery of their DePuy ASR hip prior to August 31, 2013 will receive a “base award” of $250,000 to settle their claims against DePuy. That base offer can adjust downward for a variety of health factors including the plaintiff's age, the plaintiff’s smoking history, the plaintiff’s weight, and the length of time the implant was present prior to removal.
Under the program, there is a separate fund available to provide adjustments upward for individuals who underwent two revision surgeries or complications following their revision surgery. The extent of upward adjustments is extremely complicated and is based on a variety of individual factors.
The settlement does not impact or affect your rights if you have not had your ASR hip revised. The unrevised cases will continue to go forward. In the future, we expect DePuy will be forced to either settle these cases or submit them to a jury.
Below are our clients commonly asked questions, and the answers, regarding this settlement.
Question: Do I need a lawyer to participate in the settlement?
Answer: No. However, under the settlement program, unrepresented individuals will receive approximately 35% less than those who are represented by any attorney. The reason for this is that the settlement claims process is extremely complex and there is a concern that large numbers of unrepresented plaintiffs will have difficulty navigating the intricacies of the settlement process.
Additionally, we recommend hiring a lawyer since, in certain circumstances, some plaintiffs may be entitled to additional compensation if they have extraordinary injuries. The process of making a claim on the extraordinary injury fund is complex and may involve submitting expert reports or other information to establish the amount of the claim.
1) Question: If I don’t file a lawsuit, will I be entitled to participate in the settlement program?
Answer: Yes. It is not necessary to have a lawsuit on file to participate in the settlement program. However, with respect to plaintiffs who are not included in the settlement because their hip has not yet been revised, we highly recommend filing a lawsuit immediately. The statute of limitations is arguably running on these cases and there is concern that the failure to file a lawsuit within a certain period of time following notification of the recall could preclude a later lawsuit down the road.
2) Question: If I don’t’ think the settlement is fair, do I have to accept it?
Answer: No. The settlement being proposed here is a settlement offer only. If you decide not to take the offer, your case will continue to go forward and, at some point, will be set for trial or settled. However, you have to be aware that the failure to accept the current settlement proposal could result in years of delay. This is why it is very important to have an attorney experienced in medical device cases who can sit down with you and provide guidance as to how you should proceed.
3) Question: What happens to my case if I don’t qualify for the settlement program?
Answer: Your case will continue to proceed and none of your rights will be impacted. Eventually your case will be tried to a jury or settled through another settlement program down the road.
4) Question: If I haven’t had revision surgery, should I get one?
Answer: You should never make any kind of medical decision based on how that decision will impact a lawsuit. You should only have revision surgery if you and your doctor decide that the benefits of the surgery outweigh its risks.
5) Question: How many people have to accept the settlement for it to become effective?
Answer: Under the settlement program, DePuy has the option of backing out of the program if 94% of the individuals who “qualify” for the program do not accept it.
6) Question: How much will I get if I had two revision surgeries: one on each side?
Answer: If you had bilateral revision surgeries (a surgery on each side) to remove your ASR hips you are entitled to double the base award. So, for example, assuming you have no downward adjustments for weight, smoking, or age, you would get $500,000 ($250,000 x 2).
7) Question: What if I had an ASR put in on each side but have only had one of the hips replaced?
Answer: If you had bilateral revision surgeries (a surgery on each side) and only one has been revised, you are entitled to reimbursement for the revised hip and you do not release any of your claims for the hip that has not been revised. In other words, your lawsuit will continue for the unrevised hip.
8) Question: If I take the settlement offer, will there be deductions to reimburse Medicare or my insurance company for the cost of my revision surgery?
Answer: No. DePuy will assume all responsibility for reimbursing Medicare and your insurance carrier.
9) Question: If I agree to the settlement, when can I expect to get paid?
Answer: The claims process for the program is extremely complex and will involve an administrator reviewing thousands of medical records to verify the information that is provided by each claimant. Hence the settlement process is expected to last several months. However, we have been advised that individuals who participate in the settlement program can expect to receive reimbursement by July of 2014.
If you have any questions about the potential ASR and J&J settlement, contact our attorneys who specialize in defective hip cases and are available 24 hours a day. Call 888-635-3970 to speak with a Prodcut Liability Lawyer.
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Welcome to our DePuy Hip Replacement Recall Lawsuit Resource Center. We designed this portion of our website to provide updates and breaking news regarding the DePuy hip implant recall. We received a large volume of calls from people who underwent hip replacement surgery and are unsure about their next course of action. We hope this center will provide some answers and guidance for anyone who experienced hip replacement surgery.
We recommend you bookmark this page, and watch for updates and developments from the DePuy Hip Implant Recall.
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