In just less than ten days, Depuy Orthopedics, the makers of the ASR hip replacement systems, has agreed to settle a second Depuy ASR hip implant lawsuit before it can go into trial. After deciding in early October to settle a claim in California which was supposed to be the first bellwether case in a California state court, the Johnson & Johnson subsidiary was reported to have resolved an ASR hip implant lawsuit in New Jersey.
While it may be too early to tell, legal observers have suggested that this may be the course of action Depuy may take in resolving claims which exceed 11,500 in the United States alone. With product liability lawsuits being filed in other countries such as Canada, Australia, and the United Kingdom and the expected increase of claims in the United States in the coming months, this controversy may yet become one of the biggest product liability lawsuits in history.
Two months ago, it was reported through online sources, that Johnson & Johnson was in the process of weighing the possibility of resolving liability lawsuits involving the ASR hip replacement system on a global scale. According the sources, the company was considering paying more than $3,000 for the Depuy hip implant claims. At this figure, total settlement may exceed $3 billion making it one of the biggest settlements in the medical device industry.
The first lawsuit settled by Depuy Orthopaedics was the claim of Robert Eugene Ottman who alleged that he experienced severe adverse complications after being implanted with an ASR hip replacement system in August 2008. In addition to the several side effects, he had to undergo revision surgery to address his injuries. Originally scheduled for a mid-October trial, it was learned that the claim has been settled with the filing of the notice of settlement before the San Francisco Superior Court.
In a court order issued on October 8, 2013 by the Superior Court in Bergen County, New Jersey, it was learned that the claim filed by Deborah and Kenneth MacDonald was settled after the case had been removed from the trial calendar. No details were released in the settlement of this claim which was supposed to start hearing on October 21, 2013.
Whether Depuy decides to settle the product liability lawsuits or proceed with the trials may become clearer in the coming months with the scheduled hearings of other ASR hip replacement lawsuits. Settlement that is fair may be beneficial to both parties. Depuy may realize huge savings in terms of expenses associated with the recall and litigation expenses which may run into millions. For the injured hip recipient, a settlement may mean he or she may be compensated for the injuries without waiting for a trial which may turn out to be a long process.
References:
fiercemedicaldevices.com/story/jjdepuy-settles-ca-metal-hip-lawsuit/2013-10-03
bloomberg.com/news/2013-08-21/j-j-said-to-weigh-3-billion-settlement-of-its-hip-implant-cases.html
