People hurt by the defective DePuy ASR hip implant could be step closer to getting compensation. DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has waived its right to walk away from proceedings of the ASR Hip Settlement Program. Under the terms of the agreement, the manufacturer could have pulled out of the deal if less than 94 percent of the eligible recipients enrolled in the program.
According to a document issued by the United States District Court – Northern District of Ohio, Judge David A. Katz writes, “While Settlement Program enrollment forms are still being processed, most eligible patients have opted into the program. The company is, therefore, moving forward before the June 1, 2014 decision deadline provided for in the Agreement.”
The base award for eligible claimants is set at $250,000. The judge says patients should expect payment now that the settlement is moving forward, but the timing and exact compensation amount will vary based on the circumstances of each individual claim.
In November 2013, Johnson & Johnson agreed to a settlement to compensate patients who required revision procedures after receiving the company’s ASR hip implant. The implant was recalled in August 2010 by DePuy after the metal-on-metal hip implants were failing prematurely in an unacceptable number of patients.
Since the recall about 12,000 lawsuits have been filed in state and federal courts across the country. DePuy is expected to pay about $2.5 billion in this settlement, but the total amount could be higher after factoring in medical expense reimbursement and other costs.
Many plaintiffs say they have suffered dislocation, clicking, pain, muscle damage, pseudotumors and high levels of chromium and cobalt in the blood. Some of these conditions may exist without any symptoms, so it’s important you see your doctor if you have a metal-on-metal hip implant.
Even if you did not file a claim as part of this settlement, our firm may still be able to help you. You can contact Maglio Christopher & Toale, P.A. by calling 888-952-5242 or you can fill out our online form for an evaluation of your situation.