Cobalt Chromium Toxicity

depuy asr hip

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.

Real Time Web Analytics