DePuy to Pay Billions for Hip Replacement Failures

More than 8,000 plaintiffs across the United States have initiated claims/litigation against DePuy Orthopedics (“DePuy”) and others regarding hip replacement surgery from defective implants. The Heiting & Irwin has had the privilege of participating in this process on behalf of its client(s).

It has recently been announced that, in the United States cases, the Johnson & Johnson subsidiary, “DePuy”, will pay in excess of $2.5 billion to settle these claims. In order to participate in this vast settlement, a claimant must be a legal resident of the United States; have undergone surgery to implant an ASR XL Acetabular Hip System or ASR Hip Resurfacing System (“ASR”) at a hospital in the United States or at a U.S. Military Hospital; have the “ASR” in place for at least 180 days; and have undergone revision surgery on/before August 31, 2013. For individuals who meet these requirements, a base award is available in the sum of $250,000.00 (subject to certain reductions); and for those who meet other specific criteria (re-vision, dislocations, foot drop, infection, or major complications), an additional “Extraordinary Injury Fund” has been established to provide further benefits. In addition, “DePuy” will reimburse most liens held by both public and private medical providers (or their insurers) for medical costs related to the “DePuy” hip failure. Needless to say, each case will be evaluated individually, based primarily upon the contemporaneous medical records of the claimant.

For those individuals who meet these qualifications, the settlement process appears to be in place. For individuals/claimants who fall outside of these specific criterium, hope is not lost. Many potential claims still exist and the Heiting & Irwin are available to evaluate these claims and advise individuals of their rights.