Depuy Hip Settlement
DePuy has faced many lawsuits as a result of their faulty hip implants that caused serious complications. Verdicts and settlements have been reached, but settlement eligibility depends on individual circumstances and potential claimants should consult with a qualified attorney.
Why Are DePuy Hip Replacement Lawsuits Being Filed?
DePuy has faced thousands of lawsuits in recent years alleging its Articular Surface Replacement and Pinnacle hip implants are defective and dangerous. The company is a leading manufacturer of hip replacement products.
Marketed as long-lasting, many DePuy hip implants failed within a few years. This has caused serious complications for patients, including tissue damage, a loosening of the implant and the release of metal ions into the bloodstream. DePuy initiated recalls of the ASR implants in 2010 (but not of the Pinnacle). Many patients required additional surgeries and suffered from significant pain and distress.
This led to a rising number of DePuy hip replacement lawsuits. Plaintiffs alleged that DePuy failed to adequately warn them about the risks associated with the implants and should be held liable for their injuries. Internal company documents suggest that DePuy and its parent company, Johnson & Johnson, knew for years that the DePuy hip implants had faulty designs but did nothing to address the issue.
Has DePuy Settled Hip Replacement Lawsuits?
After settling three ASR hip system lawsuits in August 2013, DePuy and Johnson & Johnson settled nearly 8,000 ASR lawsuits for $4 billion in November 2013 and another 1,800 cases, for an additional $420 million, in March 2015. In May 2019, Johnson & Johnson agreed to pay $1 billion to settle nearly 6,000 cases involving the Pinnacle hip system lawsuits, a settlement which covered over 95% of the eligible plaintiffs who had undergone revision surgery to remove the defective hip implant.
Of the many DePuy hip replacement lawsuits, results have varied. DePuy won some cases in trial, but many resulted in settlements or verdicts in favor of the plaintiffs. The outcomes of DePuy hip replacement lawsuits varied depending on the specific facts and circumstances of each case. Individual results may differ, but the existing settlements usually involved cases where plaintiffs underwent revision surgery to remove the defective hip implant.
Who Qualifies for a Settlement?
Those who have undergone hip replacement surgery with a DePuy device and suffered from complications or injuries due to design flaws, manufacturing defects or inadequate warnings may be eligible to file a lawsuit against the company and may receive a settlement. The complications can include pain, dislocation, metal poisoning, bone fractures and implant failure, which may have resulted in revision surgery or other medical procedures.
DePuy hip settlements typically involve cases of patients undergoing revision surgery to remove the defective hip implant. However, eligibility requirements for a settlement also depend on the specific case and various factors, such as the extent of injuries, medical expenses and other economic and non-economic damages.
Patients who received the ASR hip replacement and experienced complications or underwent revision surgery on or before August 31, 2013, may be eligible for compensation. Patients who received the Pinnacle hip replacement and similarly experienced complications or underwent revision surgery may also be eligible for compensation. If your DePuy hip replacement device has caused serious complications, consult with a qualified attorney. An experienced personal injury lawyer can help you assess your eligibility to file a claim.
What is the Average DePuy Hip Replacement Settlement?
Settlements and verdicts involving DePuy hip implants have totaled roughly $6.2 billion so far, though courts have reduced some jury awards. Thousands of lawsuits remain unresolved, however. DePuy hip replacement lawsuits are still pending in both Ohio and Texas federal courts.
Settlements vary based on individual circumstances, such as age, the extent and severity of injuries, medical expenses, prior hip replacement surgeries, the need for additional surgery and other economic and non-economic factors. It can be difficult to determine the exact average settlement for DePuy hip replacements.
Device | Date of Settlement | Total Settlement amount | # of claims resolved | Average Settlement |
---|---|---|---|---|
Pinnacle | May 2019 | $1 billion | 6000 | $166,000 |
ASR | March 2015 | $420 million | 1800 | $233,000 |
ASR | November 2013 | $4 billion | 8000 | $312,500 |
Individuals whose lawsuits are still pending and have questions about possibleDePuy hip settlement amounts they can expect should consult their attorney. For those whose DePuy hip replacement devices caused serious injuries and have not yet filed a claim, speak with an attorney to see if you qualify to file a personal injury lawsuit.
How Long Will It Take to Receive Your Settlement?
Plaintiffs in DePuy hip lawsuits that have settled may have already received their compensation. For any yet unresolved DePuy hip replacement cases, it can take several months for DePuy hip settlement amounts to be distributed.
The settlement distribution process includes calculating individual settlement amounts, setting up a claims process and resolving any liens or outstanding medical bills. Many law experts note it takes roughly 4-6 weeks to receive a payout from the time a settlement is agreed upon. Though in the case of many mass torts with thousands of claimants, the process may take a year or longer.
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