Cobalt Chromium Toxicity

$8.3 Million Verdict Upheld in DePuy ASR Trial


Thursday, July 21, 2016: The California Court of Appeal upheld a $8.3 million judgment against DePuy Orthopaedics, a subsidiary  of Johnson & Johnson, in the first case to go to trial involving the recalled DePuy ASR hip implants.  The case is Kransky v. DePuy  Orthopaedics.

2015 DePuy ASR Settlement and Upcoming May Deadline


On February 20, 2015, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the previous settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.

If you had a DePuy ASR revised after August 31, 2013, and on or before January 31, 2015, you may be eligible for the Round 2 Settlement. Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.

The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program. The executed Master Settlement Agreement is now available on the Claims Processor website. Mr. Kershaw and Mr. Talley can help determine whether or not the settlement adequately compensates an individual’s situation.

Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney. If you do not have a case on file, it is important you get one filed immediately.

DePuy ASR Statute of Limitations



Stuart Talley is the partner responsible for the DePuy ASR litigation. There is an upcoming deadline that may impact your ability to bring a case. The deadline is the statute of limitations. DePuy recalled the ASR hip in August 2010 and this August will be 5 years since the recall. Every state has a statute of limitations, or the time period in which you can file a lawsuit from the date you reasonably suspect you have a claim.

The big issue is, “When should you have reasonably suspected you have a claim?” There are many potential start dates for when the statute of limitations begins to run. The date could be when DePuy recalled the ASR hip approximately five years ago. Another date is when you find out you have the DePuy ASR hip. It may be the date you find out you have elevated cobalt and chromium. Or it may be the date your doctor states you require revision surgery. All these examples are potential start dates for when the statute of limitations starts to run.

If you have a DePuy ASR hip, and you have not undergone revision surgery, it’s important to get a case on file immediately. The sooner you get a case on file the better. If you have a case on file, and your hip is not revised, DePuy allows you to dismiss that case and toll the statute of limitations. Tolling the statute means it does not run (running of the period set forth by a statute of limitations is paused or delayed). So, if you have a case on file, you can dismiss it. And say, hypothetically, you need revision surgery one year from now. You can subsequently refile your case as if it was never dismissed and proceed with your case. If you do not have a case on file, you do not get the benefit of the tolling agreement.

If you have a DePuy ASR hip (unrevised or revised), and you do not have a case on file, feel free to give us a call. Our attorneys are happy to explain this in more detail, and provide an analysis of your state’s law regarding the statute of limitations. We will help protect your rights.

DePuy ASR Settlement Extended!



Stuart Talley is the partner responsible for the DePuy ASR litigation. DePuy established a new settlement program resolving a large number of ASR hip cases currently pending around the country. As you may know, DePuy previously agreed to a large scale settlement for individuals who underwent revision surgery. The settlement was approximately $3.5 billion. This settlement only covered people who had revision surgery before August 31, 2013. After this date, many people had revision surgery. It’s estimated over 1500 individuals had revision surgery. The big question on everyone’s mind is, “What will DePuy do for those individuals?”

We received news that DePuy is willing to compensate those people. This new settlement agreement is nearly identical to the previous settlement. Essentially, the settlement starts at $250,000, and this value decreases or increases depending on various factors outlined in the agreement. You are entitled to participate in the new settlement program if you had revision surgery before January 31, 2015 (the cutoff date for eligibility is this date).

Additionally, this settlement offer is voluntary. No one is required to take the settlement. If you believe your case is worth more than the settlement offers, you do not have to take it and can proceed with your lawsuit. Our firm has clients from the first round of settlements who elected not to take the settlement. We are attempting to get trial dates for those clients.

If you have a DePuy ASR hip, and what to know more about the settlement, contact us for a free case consultation at 888-997-5170, or fill out our confidential online form.

DePuy ASR Settlement Round 2 Enrollment!


This week, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.

If you had your DePuy ASR revised after 8/31/2013, and on or before 1/31/2015, you may be eligible for the Round 2 Settlement.  Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.

The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program.  The executed Master Settlement Agreement will post on the Claims Processor website in a few weeks. Our attorneys can help determine whether this settlement is right for you, and if the settlement adequately compensates your individual situation.

Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney.

If you do not have a case on file, it is important you file one immediately. It is necessary to update Registration on or before April 2, 2015, pursuant to the terms of the Round 2 Master Settlement Agreement.  Our attorneys will help get your potential case on file, and make sure your information is up to date, specifically for those individuals eligible for Round 2.

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 817-2527, or fill out the confidential contact form found on this page.

Bloomberg: J&J to Pay as Much as $420 Million More in ASR Hip Accord

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You can visit the U.S. ASR Hip Settlement website at  www.usasrhipsettlement.com.

DePuy ASR Hip Settlement Program Extended!


On February 20th, DePuy Orthopaedics, Inc. and the Settlement Oversight Committee announced they reached an agreement extending the existing DePuy ASR Hip Settlement Program to individuals implanted with ASR hips who underwent revision surgery (surgery replacing the implant) on or before January 31, 2015.

Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are eligible to participate in this second round of the settlement. Further program details and additional information regarding the settlement extension will be available in the next few weeks (www.usasrhipsettlement.com).

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 997-5170, or fill out the confidential contact form found on this page.

Article: J&J to Pay as Much as $420 Million More in ASR Hip Accord

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DePuy ASR Lawsuit Upcoming Deadline


Hi, I am Stuart Talley. I am the partner responsible for the DePuy ASR litigation. I am providing information about a category of case that is involved in the DePuy ASR lawsuit relating to non-revised cases.

There are numerous claimants with cases on file against DePuy who still have their ASR hip. These are considered non-revised cases. There is an upcoming election process specific to non-revised cases. The election must happen before January 31, 2015. The election relates to your individual circumstances.

There are some non-revised cases where people have minimal problems with the hip. For instance, they have slight pain, low metallosis levels, and their doctors indicated they do not need revision surgery. Those individuals can elect to have their case dismissed without prejudice, preserving your rights if your case is dismissed. Additionally, the statute of limitations on your case is tolled. Tolling the statute of limitations is essentially delaying the statute of limitations. So, from the moment you dismiss the case to the moment you refile, the statute is not running.  You can refile your case if you require revision surgery in the future.

The other non-revised case is unique. There are individuals with a DePuy ASR who require revision surgery but are unable to undergo revision surgery because of an underlying medical condition. Many individuals underwent multiple hip surgeries before implantation with the DePuy ASR. Their surgeons do not want to operate even though the ASR implant is leeching cobalt and chromium and causing damage to their hip. If you fall into this category, your case does not need to be dismissed. This case can potentially go to trial and possibly win. The key to a case for an individual with a health issue is proving the cobalt and chromium ions cause tissue damage in the hip joint.  You need blood tests every six months and imaging studies (e.g. MARS MRI) to show the damage. The MARS MRI is an MRI for patients implanted with metal artifacts and implants. It can show pseudotumors and other inflammatory responses in the soft tissue of your hip.

 

DePuy ASR Lawsuit: Election Obligation Deadline Extended


The U.S. District Court, Northern District of Ohio, filed an Order on December 24, 2014 extending the deadline for non-revised DePuy ASR plaintiffs who decide to either proceed with their case or voluntarily dismiss their case. Plaintiffs must notify the court by January 31, 2015 on whether or not they will opt into a tolling agreement with Johnson & Johnson subsidiary, DePuy Orthopaedics.

The tolling agreement for non-revised plaintiffs involves dismissing their case without prejudice; meaning the statute of limitations on their case is postponed until revision surgery occurs. The tolling of the plaintiff’s statute of limitations is then extended for one year from the date of their revision. After the revision surgery, plaintiffs may re-file the lawsuit within the tolling period and will not lose any of their rights. A plaintiff must update their registration status to indicate they underwent a revision surgery.

Non-revised plaintiffs who elect not to dismiss their case will be required to prove that they have suffered some type of damage as a result of their recalled hip.  Typically, these plaintiffs will fall into the category of individuals who require a revision of their DePuy ASR hip implant but suffer underlying health issues that make revision surgery impossible. Other plaintiffs have significant problems with hip replacements and their surgeon does not want to perform surgery. In these respective cases, plaintiffs can advise the court of their situation and may continue pursuing their case.

How Settlements Work in Defective Hip Litigation


Hi, this is Stuart Talley of Kershaw, Cook & Talley. I am the partner here responsible for the defective hip litigation. The reason I am doing this video today is to provide some information about the settlement of hip cases. Many people are calling us asking how hip cases will typically settle. Although it is difficult to provide specifics in any given case, there are some general guidelines I think most people can be aware of that apply in cases like this.

Settlements in hip cases are unique. Typically, there are thousands of cases pending. In the DePuy ASR litigation, there are approximately 14,000 cases. In the Stryker Rejuvenate litigation, there are about 6,000 cases pending. So, when you settle cases like this on a global basis, it is a lot different than settling an individual lawsuit. In these cases, the defendant and plaintiffs will have settlement discussions and try to agree on what the average case should settle for. Once you have that number, you can extrapolate a settlement fund; $2.4 billion was put into a settlement fund in the DePuy ASR litigation. Then, you have to figure out an easy, quick, and verifiable way to apportion the settlement proceeds to people who have a case.

Generally, there is a “formula”, grid, or some process created, where people with severe damages end up with more money than people with limited damages. The formula is also used regarding people with problematic cases that may be difficult to win because of prior health conditions, or other factors, versus cases where someone doesn’t have those issues. So, you have a formula or grid, and you might start off with a certain amount of money that a plaintiff receives if they had a revision surgery. Then you would take a deduction of a certain percentage if they were a smoker, or a deduction if they have weight issues, or there might be a deduction if they’re older patients. There are different deductions that may be rational based on what the defendants believe make a good case or a bad case, and others may not be rational. Typically, there is some kind of formula that’s created to either bring somebody down from the base award, or up from the base award.

Modifications that increase base award are usually for extraordinary injuries. For instance, say you had your hip replaced and 3 months later you are up and running, and have no residual, permanent injuries; you would get the base award. Whereas, you might get more than the base award if you ended up with dislocations after your revision, or you had an infection and had to have 2 more surgeries, or you end up with nerve damage and have a limp or drop foot for the rest of your life.

The most important thing to understand is that you do not have to take the settlements in these cases; these settlements are not done deals. The case is an individual for every person who has a case against a hip manufacturer. This means only the plaintiff can settle the case. So, if there is a settlement fund, a way of apportioning money, at some point your lawyer is going to contact you and say, “If you take this settlement, here is how much you will get.” At that point, you are free to either take or reject the settlement. But you are not required to accept a settlement that’s offered to you. If you reject the settlement, then your lawyer will continue litigating your case, and hopefully get a trial date in your case, or do something to move your case forward. So, defendants will hopefully pay more than what you might be awarded under a global settlement.

If you have a recalled or defective hip, a metal on metal hip, give us a call toll free at (888) 817-2527 whether or not your case is settled. We can provide you with information about how settlements work. We can also tell you at the end of the case whether we believe a settlement is adequate or not for you.

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