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DePuy ASR Hip Replacement Recall Lawsuit Update November 19th 2013

What is and is not covered in the latest Depuy settlement agreement?

DePuy, as a part of this settlement, agreed to cover any liens.  In most cases, insurance companies or MediCare have a lien on the case.   For example, if you settled your case for $250,000, MediCare wants reimbursement from that $250,000 for any medical expenses they incurred for your revision surgery.  In many cases, it costs $60,000 to $100,000 for a typical revision surgery.

This settlement states there are not going to be any deductions for liens.  DePuy will call MediCare, the insurance companies, or whoever has a lien on the case.  Subsequently, Depuy will pay the cost of the revision surgery as a separate part of the settlement agreement.  This is beneficial: there is no monetary deduction from the settlement.  In our experience, lien resolution often takes time. MediCare may take months to call and provide you with surgery information so you can pay them a lien ,or even figure out the outstanding total amount.  This provision in the settlement agreement stating DePuy covers the liens is actually beneficial.

In terms of the original, standard $250,000 case, there are also deductions. Some may not receive the $250,000.  The deductions include people who are smokers and/or who have a high body mass index.  For instance, smokers with a high body mass index will end up getting less than $250,000.  Specifics on this deduction are pending our ability to examine the actual settlement agreement, which the attorneys will provide shortly.

This settlement requires 94% of all of the claimants, the people who have revision surgeries, to sign off on the settlement agreement. DePuy can walk away from the deal if they don’t get 94% of the plaintiffs.  It is unknown whether we will get 94% and whether DePuy would actually walk away if they get less than 94%.

Everyone with a case is entitled to their decision as to whether or not they want to participate in the settlement.  We are still examining the settlement in detail to determine if we will recommend it to our clients.

If you have any questions or concerns, and if you would like information about the settlement and what it means for you, contact our medical device lawyers today. It is vital having an attorney assist you as the case goes through the claims process.  You can reach Product Liability Attorneys Bill Kershaw or Stuart Talley at (888) 635-3970.  We will also continue to post informative blogs on this site including significant updates in this settlement offer.

DePuy ASR Settlement: Federal Court Hearing, Toledo, OH – November 19, 2013

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