DePuy Orthopedics has announced a proposed settlement of ASR hip replacement compensation for plaintiffs who underwent revision surgery due to a failed DePuy ASR hip replacement system prior to 31 August 2013.
The proposal applies to any person who has undergone revision surgery to replace a failed DePuy ASR hip replacement – irrespective of whether they participated in the multi-district litigation (MDL 2197) that was scheduled to be heard at Northern District of Ohio Court in Cleveland, or in any other legal action against the company – and offers an amount of $250,000 in ASR hip replacement injury compensation subject to the conditions and deadlines highlighted below.
Eligibility for ASR Hip Replacement Injury Compensation
In order to be eligible for the proposed injury compensation settlement, a plaintiff must be a US citizen who underwent surgery to replace a failed ASR hip replacement system in a US hospital or in a US military hospital. The DePuy hip replacement must have been in place for a minimum of 180 says, and revision surgery must have taken place before or on 31 August 2013.
Plaintiffs who are ineligible to receive ASR hip replacement injury compensation, or do not wish to take advantage of DePuy Orthopedics’ proposal, will still retain a legal right to make an individual claim for injury compensation against the company. Lawyers will be able to advise individual plaintiffs on their eligibility status and/or whether they should refrain from accepting the proposal.
Offer of Compensation for Injuries Due to DePuy Hip Replacement System
Plaintiffs who are eligible for ASR hip replacement injury compensation are being offered a “base” amount of $250,000. This figure may be adjusted up or down depending on the plaintiff´s individual situation and subject to certain conditions.
Conditions for an Increase in DePuy ASR Compensation
Plaintiffs will be entitled to claim a “supplemental award” of compensation if they are able to show that they required revision surgery on both hips, if complications led to multiple surgeries, or if they suffered “extraordinary” medical events during revision surgery; such as heart attacks, strokes, pulmonary embolisms or dislocations.
Conditions for a Decrease in DePuy ASR Compensation
How much compensation for an ASR hip replacement injury each plaintiff receives will be adjusted downwards if they had a hip replacement system prior to having a DePuy implant or if they had a DePuy hip replacement system which failed after five years. Other considerations such as smoking, Body Mass Index and plaintiffs´ ages will also be taken into account.
Increases and decreases in DePuy ASR compensation will be assessed by DePuy´s own medical team. Plaintiff who disagree with their assessments have the right of appeal; however by entering into the program of assessment, plaintiffs surrender further litigation rights against the company in respect of their faulty hip replacements.
Timetable for Accepting DePuy´s Compensation Settlement Proposal
There are two significant dates in the DePuy ASR hip replacement injury compensation program – 6 January 2014 and 1 April 2014.
- The 6 January deadline is for all plaintiffs who wish to take advantage of the proposal, and is the date by which they must register their claim (most lawyers will be doing this on behalf of their clients).
- The 1 April deadline is the date by which all documentation relating to the claim must be received by DePuy´s claims processors, including medical records and a release form surrendering future litigation rights.
DePuy Orthopedics has stated that, in order for the proposed settlement to proceed, 92 percent of the plaintiffs who register for ASR hip replacement injury compensation must submit their documentation by 1 April.
Further Information about the DePuy ASR Compensation Proposal
DePuy Orthopedics has already acknowledged that the proposed settlement of ASR hip replacement injury compensation will not settle every claim against the company, but lawyers representing the company hope to bring to a close a significant amount of “ASR litigation activity” in the US. The proposal was prepared in collaboration with a Court-appointed committee of plaintiffs’ lawyers and agreed by a panel of judges, including Judge David Katz of the U.S. District Court of the Northern District of Ohio.
For advice on whether you should accept the proposed ASR hip replacement injury compensation settlement, or what the next stage is if you are not eligible to be included in the proposal, please speak with a lawyer at the first possible opportunity.