Cobalt Chromium Toxicity Resource Center

Depuy ASR Hip Settlement Attorney Information November 19th 2013

Depuy ASR Early Morning Depuy ASR Hip Settlement Attorney Information November 19th 2013

On Tuesday, November 19th it is widely anticipated that a global settlement of all DePuy ASR cases pending around the country will be announced at a 4:30 court hearing in Toledo, Ohio.  Pursuant to a court order, the details of the settlement are to remain strictly confidential until the final deal is announced the 19th.  However, what we can report is that any settlement of ASR cases will inevitably provide for an “apportionment” process to ensure that individual factors are considered for each case.  For example, individuals with two ASR hips will inevitably receive more than someone with one hip.  Individuals who had complications following revision (such as infection or never damage), will receive more than someone who had an easy recovery.

It is also important to understand that this litigation is not a “class action” where one lawsuit is filed on behalf of thousands of injured people.  Instead, more than 12,000 separate, individual lawsuits have been filed.  What this means is that each of the 12,000 plaintiffs will have the ability to decide whether they individually want to participate in the settlement being offered by DePuy.  However, we expect that DePuy will insist that a certain percentage of the plaintiffs agree to participate in the settlement before it becomes effective.  This is often called a “blow up” provision.

As indicated above, the details of the proposed settlement are not yet public.  However, attorneys at Kershaw Cutter will be present at the hearing on the 19th and will provide up to date details on exactly what the settlement entails and how funds will be apportioned.  Stay tuned.

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