Settlement Reached in Thousands of Metal Hip Replacement Suit Cases
A tentative settlement has been reached regarding thousands of lawsuits against Johnson & Johnson and its all-metal hip replacements, says Frenkel & Frenkel.
An agreement has been reached with Johnson & Johnson in an effort to settle thousands of lawsuits concerning its all-metal hip replacements, yet some experts are concerned that the settlement may not satisfy all claims made in these metal hip replacement suit cases. The proposed $5.5 billion settlement would be one of the largest product liability claims for a medical device if it receives court approval.
Hip Replacement Problems in Metal Hip Replacement Suit Cases
Johnson & Johnson’s subsidiary, DePuy Orthopaedics, sold the Articular Surface Replacement (ASR) devices until 2010, when they were recalled due to early failure rates. The device had a metal ball and cup, which shed metallic debris during wear, entering patients’ bloodstreams and causing tissue damage and severe injuries. Court documents indicate that DePuy was aware of the failures in ASR devices and that the design was flawed long before recalling the hip replacements, a critical point in the metal hip replacement suit claims.
High Failure Rate of ASR Devices
On average, artificial hips last approximately 15 years before needing replacement. However, ASR devices were failing within just a few years. Internal DePuy documents show ASR devices failed in 40% of cases within five years—eight times higher than many other devices. These findings strengthen the case for patients involved in a metal hip replacement suit.
Settlement Terms for the Metal Hip Replacement Suit
The settlement aims to resolve cases involving patients who have already had ASR devices removed and replaced due to failure. Each patient could receive up to $250,000 on average, depending on age and medical condition, before legal fees. Patients whose devices haven’t been replaced yet aren’t initially eligible, but if replacement occurs before the plan ends, they may receive additional compensation. Future replacements could increase the final settlement cost for Johnson & Johnson.
The proposal was sent to a federal judge in late December, requiring approval from 94% of eligible claimants to move forward. When a medical device defect is suspected to cause or worsen injuries, a product liability claim may be warranted.
Contact Dallas-Fort Worth lawyers at Frenkel & Frenkel to schedule a free initial consultation when injuries may have been caused or worsened by a medical device defect.