DePuy ASR Hip Replacement Settlement: Do you Qualify?
DePuy ASR Hip Settlement
In November 2013 Johnson & Johnson announced a $2.5 billion settlement agreement for patients with their recalled DePuy ASR hip implants. However, the settlement only applies to people who had a revision surgery BEFORE January 31, 2015. This settlement leaves out patients who have NOT had a revision surgery yet.
Johnson & Johnson issued a worldwide recall of their DePuy ASR Hip Replacement system as of August 2010.
Maglio Christopher & Toale, P.A. is accepting these “out of deadline” DePuy ASR hip cases and litigating them through the state and federal court systems.
Johnson & Johnson is directing people who don’t qualify for the settlement to work through Broadspire to cover their medical expenses, but this is NOT the same as a settlement process. In fact, the information you give to Broadspire could hurt your case in court.
Thousands of DePuy ASR hip patients face an uncertain medical future. Here are the steps you can take right now to protect your rights if you currently have a DePuy ASR metal on metal hip replacement.
What Should I do Right Now?
Hire an Attorney Now. You need an experienced medical product liability attorney to represent you immediately. Right now anyone not eligible and willing to participate in the DePuy settlement must still litigate their case in court.
Don’t wait. By law, you only have a limited period of time to file your case. Even if you haven’t had a revision surgery to replace the recalled ASR hip implant, you may still be able to file a case in court to protect your rights.
Don’t sign anything at all. First consult with a metal on metal hip replacement recall law firm such as Maglio Christopher & Toale, P.A. Otherwise, you could sign away important rights.
No Symptoms? You should still talk to your orthopedic surgeon, internist, and a knowledgeable attorney because you may have other hidden problems from the defective hip, such as cobalt chromium metal poisoning in your bloodstream or in the tissue around your hip.
Learn More About What’s Wrong with ASR Metal on Metal Hip Replacements
In recently disclosed internal emails, Depuy upper management bragged about revision sales being “on fire” as a result of replacing defective metal on metal hip parts.
The Depuy Products Director, Derek Edgar, promoted a “segment of the hip portfolio that has been quietly but steadily gaining momentum: Revision Hips.” He goes on to offer sales help to “retake our #1 position as The Revision Company.”
Paul Berman, DePuy’s marketing chief, writes an email reply saying “This revision segment is on fire and we must domimate (sic) it in the same way we did primaries.”
You can read the entire email here.