August 29, 2013 — Bloomberg reports that Johnson & Johnson is considering a $3 billion settlement to resolve as many as 11,500 DePuy ASR hip implant lawsuits. If plaintiffs accept terms of the settlement agreement, the average payout per case would be $260,000.
According to Bloomberg, J&J is considering paying more than $300,000 per case. One year ago, J&J settled three ASR lawsuits before they were scheduled to go to trial in Nevada for $200,000 per case. Experts said this was on the low end of what plaintiffs could be expected to receive, between $200,000 – $500,000 per case.
$8.3 Million Verdict in First DePuy ASR Trial
The first trial was in March 2013, and a jury in Los Angeles ordered J&J to pay more than $8.3 million in damages to Loren Kransky, a retired prison guard from Montana. The verdict included $338,000 for Kransky’s medical expenses and $8 million for his physical pain and emotional suffering.
ASR Hip Implant Controversy
In 2010, J&J’s DePuy unit recalled about 93,000 ASR hip implants worldwide, including 37,000 in the United States. They cited a 12% five-year failure rate, but the actual failure-rate continues to increase as more people report suffering complications.
The problem with the ASR is that it has a metal-on-metal design. Although it was marketed as safer and more durable than plastic and ceramic hip implants, the metal parts grinding together could actually shed particles of chromium and cobalt. The metal debris could lead to inflammation, swelling, soft-tissue growths, bone loss, chronic pain, loosening of the hip, and other complications that require revision surgery.
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