This litigation is not a “class action”, one lawsuit is filed on behalf of thousands of injured people. Instead, more than 12,000 separate, individual lawsuits were filed. This means each of the 12,000 plaintiffs can decide whether or not they individually want to participate in the settlement offered by DePuy. However, we expect DePuy will insist a certain percentage of plaintiffs agree to participate in the settlement before it becomes effective. This is often called a “blow up” provision.
As indicated above, the details of the proposed settlement are not yet public. However, attorneys at Kershaw|Talley will attend the hearing on the 19th and provide current details about the settlement and how funds will be apportioned. Stay tuned.