A growing number of lawsuits have been filed against Johnson & Johnson subsidiary DePuy Orthopaedics. DePuy led thousands of patients with damaged hips to believe their recalled ASR Hip Replacement system will improve the pain and mobility of their hip. However, this recalled hip replacement, which uses a metal-on-metal device, has proven just as harmful as a damaged hip or worse.
The litigation over the recalled metal-on-metal hip implant is in the early stages and there have not been any reported DePuy ASR hip replacement settlements at this time.
Do you know how much you will receive if you choose to settle a DePuy ASR injury suit? DePuy will consider some reimbursement for certain expenses that they determine reasonable. However, in order for that to happen, individuals will have to sign over important rights to receive minimal compensation. DePuy has also indicated that those individuals who need additional treatment and surgery as a result of the DePuy ASR hip replacement recall, may be able to receive substantially more money from DePuy to settle the claim than the manufacturer has indicated they will pay at this time. Included in this settlement is compensation for past and future medical treatment, non-economic damages like pain and suffering, and lost wages.
DePuy will take into consideration several factors to determine the amount of settlement they will award to an individual. Each settlement is determined on a case by case basis. DePuy is not settling out a pre-set amount to all individuals affected by the DePuy ASR hip replacement recall. Every patient has different circumstances and has suffered different damages with the DePuy ASR hip replacement recall.
Negotiations between the individual affected and DePuy will also be based on what a jury is likely to award in the individual’s case. If the case does proceed to a jury trial, the jury will take into account the nature of the individual’s injury, the economic impact of the injury, and the severity of the damage of the injury.
What Can a Jury Consider
A jury can consider the following list concerning non-economic factors for the DePuy ASR hip replacement recall lawsuit:
1) any lost wages or loss of earning capacity
2) the effect the DePuy ASR hip injury had on the individual’s overall mental and physical well-being
3) the duration and extent of the injury the individual suffered
4) the mental anguish and pain suffered by the individual
5) the amount of past or future medical expenses that was caused by the defective DePuy ASR hip replacement implant
6) the extent of any disfigurement or any scarring that was caused by the defective DePuy ASR hip replacement implant
Where are the Cases Now
Currently, the U.S. Judicial Panel on Multidistrict Litigation consolidated all federal DePuy ASR hip injury suits in December 2010 for pretrial proceedings. The purpose behind this consolidation is to promote efficient handling of all the cases as well has facilitating a settlement agreement between the parties.
What Should You Do
If you or someone you love have fallen victim to the failed DePuy ASR hip implant, contact our CSS Firm for a free case evaluation and consultation for your defective hip implant. Our hip implant recall lawyers continue to review claims all over the country in an effort to help those affected by this dangerous product. Our experienced hip implant lawyers at Childers, Schlueter & Smith LLC will work closely with you to ensure you get the care and justice you deserve.