If you received a DePuy ASR XL Acetabular System or ASR Hip Resurfacing System device, recalled by DePuy/Johnson & Johnson, you’ve probably heard or read various suggestions (and guesses) about how much money DePuy will pay victims. To estimate the amount of compensation to which one might be entitled, it can be helpful to consider two things: the general types of damages available to those injured by defective products, and the outcome of prior hip replacement litigation.
In a typical product liability case (such as when a defective medical device has injured you), a victim can potentially recover a combination of “economic” damages (such as medical bills and lost wages) and “non-economic” damages (such as pain and suffering). The most important thing for you to understand, however, is that there is no set amount of damages that applies to all cases, because individual circumstances vary considerably.
That said, a previous class action settlement sheds some light on how the DePuy injury cases might be resolved. In 2000, Sulzer Orthopedics, Inc., recalled approximately 30,000 of its Inter-Op Acetabular Shell units. Because of a defect, many recipients of this hip device required revision surgery, as is the case with the DePuy hip recall. In 2002, a class action settlement of over $1 billion was approved by a court. Those patients who required revision surgery were paid more than $200,000 each, while those who received faulty implants but did not undergo revision surgery received roughly $1,000 each.
In November 2013, Johnson & Johnson reportedly reached an agreement to settle the outstanding hip replacement lawsuits for a total $4 billion. The average settlement is expected to be more than $300,000 per recipient, depending on age and other health circumstances. The settlement amount could rise if recipients who have not undergone a revision procedure do so. Unlike the participants in the Sulzer settlement, the damages will not be awarded on a lump-sum basis irrespective of injuries, so no one will likely receive $1,000 from the manufacturer.
It remains to be seen how many people accept Johnson & Johnson’s settlement offer, and many might still choose to take their cases to trial. The fact remains, however, that taking legal action may be your best—and only—chance to recover compensation from DePuy. An attorney from the Rottenstein Law Group can provide you with a much clearer idea of how much money you may be entitled to. To speak with a DePuy hip replacement lawyer, call Rottenstein Law Group at 1-800-624-9568 or contact us online.