ASR PROPOSED SETTLEMENT – Preliminary Info

By Howard Nations –

November 20, 2013 – Recent activity in the DePuy ASR litigation increases the possibility of a settlement for ASR users who were required to have a revision or replacement of their implanted ASR hip device. Let me be clear up front that this is the beginning of a proposed settlement and we are still a long way from the end.

On November 19, 2013 at a conference in the Ohio federal court where the ASR litigation is pending , Johnson and Johnson  and the Plaintiff’s Steering Committee announced preliminary information regarding a proposed global settlement, limited to ASR hip cases which involve a revision.  At this time, the detailed information has not been finalized and there is a lot of misinformation in the press that is based on leaks and speculation, most of which is inaccurate. There is no set amount offered as a settlement for each case. Instead, there is a very complicated formula which is based on individual case facts and on what evidence each Plaintiff can offer which will determine the final value of each proposed settlement offer from Johnson and Johnson.

This is a PROPOSED settlement rather than a completed settlement because Johnson and Johnson has the right to refuse to proceed with the settlement unless 94% of the potential claimants agree to the global settlement terms.

There remains a lot of work in this case and this proposal for a global settlement will not generate any settlement funds to any Plaintiff before the Summer of 2014, at the earliest. It could be much later that that. There is also the possibility that the entire proposed settlement may collapse if it is not supported by a sufficient number of Plaintiffs.

There are numerous elements that will be considered before qualification and amounts of settlement can be determined.  Once specific qualification criteria and details regarding this proposed settlement are available, we will contact our clients individually to discuss their options. For those of you who do not have a revision, we will  evaluate your alternatives with you also.

It is our policy to review the proposed settlement individually, as it applies to each of our clients and assist each client with a personal evaluation of the precise bottom line for you, if you choose to participate in this settlement. As soon as the details of the settlement proposal are finalized to the point that we can help you make an intelligent evaluation as to the alternatives that are available to you, we will contact you and begin the evaluation process.

Thanks for your patience.

ASR Trial Verdict: What Does it Mean for Your ASR Hip Case?

Posted by Kim Truongle

March 9, 2013 – As reported in this blog yesterday, a jury in California returned a verdict for the Plaintiff for nearly $8.34 million.  $8 million of that figure was awarded for non-economic damages, including physical pain and emotional suffering and distress.  The jury agreed the ASR hip was defectively designed and the warnings regarding the risks of the implant were inadequate.  The verdict was awarded after successful arguments by the Plaintiff’s attorneys to overcome defense attempts at blaming the method of implantation and the Plaintiff’s other health conditions.  This is a large victory for the California Plaintiff, as well as for all other Plaintiffs who have an ASR case pending against DePuy and Johnson & Johnson.

What does this first trial verdict in an ASR case mean for your hip case?

Does this mean my case will gross millions of dollars? 

No.  The amount of this verdict has NO immediate bearing on the value of individual cases.  It is important to remember that trials involve very specific facts; some of them may be applicable to you, and some may not.  Additionally, case expenses are usually borne by the client, meaning that the costs of bringing this Plaintiff’s case to trial will most likely come out of the funds he ultimately receives – trying a case against DePuy, Johnson & Johnson, or any pharmaceutical company is not cheap.

The real impact this verdict has on the individual cases is that it is a weight that can push the Defendants to come to the negotiating table.  This does not mean they will settle the cases immediately, but it is a force that may push them towards negotiations sooner than later.

When will my ASR hip trial occur? 

The likelihood of your individual ASR hip case going to trial is low.  There are many cases ahead of you in the court system, and the Judges overseeing the state and federal consolidations selected trials from the earliest cases in their courts, long before we came to know of you.  However, this does not necessarily mean you will have to wait longer than most others for resolution of your claim.  For cases like these with many claimants around the country, our experience is that if we reach a settlement, the defendants will likely negotiate a settlement of all our firm’s cases at once.  This does not mean everyone we represent, nor everyone around the country, will necessarily gross the same amount.  This is not a class action.  We will post more information explaining the possible settlement process when the time for negotiations nears and is more appropriate.  We are not at that stage of these cases yet.

With yesterday’s verdict in California, the Plaintiffs are on the right track in this litigation.  For additional questions on your ASR hip case, please call us at (800) 269-3050.

Another Recall by DePuy

By Cindy Nations

February 22, 2013 – A Class I recall has been issued by DePuy Orthopaedics.  This time the product involved is a device used in conjunction with the LPS System, an end-stage revision knee product.  Reportedly, the defectively-designed device can malfunction, which may lead to possible loss of function, loss of limb, soft tissue damage, infection, or even death.  This is not the first time DePuy has been in hot water. The Johnson & Johnson-owned company is defending lawsuits around the country for their defective hip implants, the ASR and PINNACLE models.  For more information about these and other defective drugs and devices, contact The Nations Law Firm for a free case evaluation.

Trials to be set for DePuy Hip Litigation

Posted by Buck Daniel

August 7, 2012 – The Judge in charge of the federal court’s MDL regarding the DePuy ASR hip litigation has scheduled two bellwether trials for 2013. These trials are intended to set a precedent for the remaining 1000+ cases involved in this litigation. Although the particular cases have not been chosen, this signifies a substantial move forward by the Plaintiffs to begin resolving all cases where victims have been injured by DePuy’s defective hip implant. Candidates for these trials will be submitted to the court by December 1st, 2012, and if an agreement cannot be made between lawyers for each side, then the judge will choose which cases will be placed in front of a jury.