Johnson & Johnson earlier this month settled three DePuy ASR hip lawsuits that were scheduled to go to Trial in the US later this year. The lawsuits settled for a total of $600,000.
The Plaintiffs lawsuits were scheduled to go to Court on the 3rd December in Nevada’s 8th Judicial District Court. The 3 Plaintiffs had the ASR hip implants removed after experiencing pain and other side effects. Each of the Plaintiffs will receive $200,000 and it is estimated that future settlements will range from $200,000 to $500,000 per case.
Johnson & Johnson and its DePuy Orthopaedics unit are facing come 8,000 similar lawsuits over the recalled DePuy ASR hip implant device. Trials are scheduled to start on the 6th May and the 8th July 2012 in Ohio.
At least 3,500 patients in Ireland received the devices. High Court proceedings have now been issued on behalf of many patients alleging that the metal-on-metal hip replacement systems caused significant pain and shed dangerous amounts of chromium and cobalt into patient’s bloodstreams leading to a number of serious health problems.
Liam Moloney, a Naas based Solicitor whose Firm is acting on behalf of many patients who received the affected products said today “this is a welcome development in patients on-going fight for compensation for personal injuries sustained as a result of these defective products. While the settlements do not set a precedent here it is an indication that Johnson & Johnson are not going to fight liability. It is an attempt by the Company to put a cap on the level of damages in each case to avoid Juries making massive awards. The Company must immediately commence settlement negotiations to resolve the Irish cases to ensure prompt delivery of fair compensation to those affected”.
Johnson & Johnson disclosed in January 2012 that it has set aside $800 million to cover legal issues associated with the DePuy ASR hip implant. However, experts estimate that the Company could end up paying as much as $2 billion to resolve lawsuits associated with the recall.
DePuy Orthopaedics ASR hip resurfacing system and ASR acetabular system were named in the Global recall in August 2010. The recall was issued after data from the National Joint Registry of England and Wales showed that one out of every patient (12%-13%) who had received the devices had to undergo revision surgery within 5 years. A total of 93,000 implants were sold Worldwide including 37,000 in the US.