Cobalt Chromium Toxicity Resource Center

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

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

Depuy Hip Recall

  • Now, what’s important to know, is DePuy, as also part of this settlement, has 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 would want to be reimbursed from that $250,000 for any medical expenses that they incurred for your revision surgery.  In many cases that could be $60,000 to $100,000 for a typical revision surgery.
  • What this settlement does is that there are not going to be any deductions for liens.  DePuy is going to call MediCare, they are going to get in touch with the insurance companies or whoever has a lien on the case.  From there, Depuy will pay the cost of the revision surgery as a separate part of the settlement agreement.  The benefits of that are two-fold.  One is there is no monetary deduction from the settlement.  In our experience, lien resolution can often take months to resolve.  Calls to MediCare can take months for them to provide you with the information on your surgery so you can pay them a lien or even figure out the outstanding total amount in many instances.  So, this provision in the settlement agreement in that DePuy covers the liens is actually beneficial.
  • Now, going back to the original, sort of the standard $250,000 case, there are also deductions.  Keep in mind not everyone is going to get $250,000.  The deductions include people who are smokers and/or who have a high body mass index.  So, people that are smokers with a high body mass index will end up getting less than $250,000.  Again, specifics on this deduction are pending our ability to examine the actual settlement agreement, which will be provided to all the attorneys shortly.
  • Now, another important term of this settlement is that it requires 94% of all of the claimants, the people who have revision surgeries to sign off on it.  If they don’t get 94% of the plaintiffs to sign off on this settlement agreement, then DePuy has the option of walking away from the deal.  So, that remains to be seen whether we will get the 94% signed on or not.  And it remains to be seen whether DePuy would actually walk away if they get less than 94%.
  • But what’s important to know is that in order to make a decision on a case like this, everyone who has case is entitled to make their decision as to whether they want to participate in the settlement or not.  We are still examining the settlement in detail to determine whether we will be recommending it to our clients.

If you have any questions or concerns or if you would like advice or information as to whether you should take the settlement or what it means for you, contact our medical device lawyers today.

It is vital to have an attorney to assist with you as your 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 that will include significant updates in this settlement offer.

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

Author:  Stuart Talley

Tags: Depuy ASR Hip Recall, Depuy ASR Hip Recall Update, Depuy ASR Hip Recall Information, Hip Recall, Depuy Hip, Johnson and Johnson

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