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Johnson & Johnson Considering $3B DePuy ASR Metal Hip Implant Settlement

Aug 21, 2013

Johnson & Johnson is considering a $3 billion settlement that would resolve tens of thousands of injury claims linked to its DePuy Orthopaedics ASR XL metal-on-metal hip implant.

According to a Bloomberg report this week, the parent company of DePuy Orthopaedics is considering the settlement to avoid what could be years in court defending its recalled ASR XL metal-on-metal hip implant. There are at least 11,500 lawsuits pending against the maker of this implant. The settlement would average about $300,000 per case, totaling more than $3 billion.

Of course, the terms of that reported settlement could change quickly. This fall and through January there are seven lawsuits against DePuy and Johnson & Johnson ready to go to trial, Bloomberg reports.

Based on our previous reports, the proposed settlement would come close to ending a three-year run in which recipients of the DePuy ASR XL metal-on-metal hip implant have continually come forward to make claims of serious injuries, early failures, and the need for a costly and painful revision surgery, all linked to the troublesome implant.

The DePuy ASR XL metal-on-metal hip implant was subject to a global recall in August 2010, after numerous recipients of the device came forward and claimed it was responsible for a series of injuries that caused them to undergo a procedure to remove the implant and replace it with another.

Severe pain, inflammation, and noises from the hip implant area were just the first signs of trouble for these recipients. Further, as the component parts of the DePuy ASR metal-on-metal hip implant rubbed against one together, they shed small metallic particles into a recipient’s bloodstream, putting them at risk of severe injuries, including organ and tissue damage as well as a toxic accumulation of the metals cobalt and chromium.

Often, these complications have caused many recipients to seek medical attention and have the device corrected or removed long before it was supposed to be replaced. Our records show that recipients of the DePuy ASR XL metal-on-metal hip implant, and all metal-on-metal hip implants, were told that these devices would last longer than previous hip implants. In many cases, the device allegedly failed in months or a few years after it was implanted.

Based on the Bloomberg report this week, Johnson & Johnson has already set aside a considerable amount of money to pay for litigation costs related to its recall on the DePuy ASR XL metal-on-metal hip implant.

In the first case to reach a jury trial in which a recipient of the DePuy ASR metal-on-metal hip implant claimed the device failed early and caused him to suffer serious complications as a result, the recipient was awarded $8.3 million by a California jury, according to Bloomberg.

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