On Tuesday, November 19th, 4:30 court hearing in Toledo, Ohio, there is wide anticipation regarding a global settlement of all DePuy ASR cases pending around the country. Pursuant to a court order, the details of the settlement are remaining strictly confidential until the final deal is announced on the 19th. However, we can report that any settlement of ASR cases will inevitably provide for an “apportionment” process ensuring individual factors are considered for each case. For example, individuals with two ASR hips will inevitably receive more than someone with one hip. Individuals suffering complications following revision (such as infection or never damage), will receive more than someone who had an easy recovery.
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.