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DePuy Pinnacle Trial Status (Week 6 10/6-10/9)


DePuy Pinnacle Trial Status (Week 6 10/6-10/9)

The defendants filed their 3rd motion for mistrial during the weekend of October 5th.

On Monday, October 6th, the defendants called their regulatory expert, Timothy Ulatowski. His testimony filled the entire day.

Tuesday, October 7th, the defendants had Dr. Schmalzried return to the stand for examination. His testimony occupied the entire day.

Dr. Schmalzried’s testimony concluded on Wednesday, October 8th. Dr. Heinrich, the defense orthopedist, returned to the stand and his testimony took the remainder of the day.

The defendants played video depositions on Thursday, October 9th. The video depositions were of the following individuals:

  • A 26 year DePuy employee and Tribology manager 
  • A J&J Worldwide director of Engineering systems
  • A former DePuy employee, mechanical engineer, and alternate bearing project team member 
  • Design Orthopedic Surgeon

DePUY ASR SETTLEMENT UPDATE


    DePUY ASR SETTLEMENT UPDATE

November 19, 2013 – Today in Toledo Ohio, DePuy Orthopedics announced that it was initiating a voluntary settlement program in an effort to resolve approximately 8,000 lawsuits filed against it arising from the recall of its DePuy ASR prosthetic hip.  Under the program, individuals who have had a revision surgery of their DePuy ASR hip prior to August 31, 2013 will receive a “base award” of $250,000 to settle their claims against DePuy.  That base offer can then be adjusted downward for a variety of health factors including the age of the plaintiff,  the plaintiff’s smoking history, the plaintiff’s weight, and the length of time the implant was present before it was removed.

Under the program, there is also separate fund available to provide adjustments upward for individuals who had two revision surgeries or complications following their revision surgery.  The extent of upward adjustments is extremely complicated and is based on a variety of individual factors.

If you have not had your ASR hip revised, the settlement does not impact or affect your rights in any way.  The unrevised cases will continue to go forward and we expect that sometime down the road, DePuy will be forced to either settle these cases or submit them to a jury.

We want everyone to know that this is not the “official” DePuy ASR settlement website and the information provided here is for informational purposes only.  The official website containing information about the settlement can be found at www.USASRHipSettlement.com.  We encourage everyone to visit this website for more detailed information about the settlement.

Answers to some common questions that have been raised by our clients about this settlement can be found at:

www.defectivehipsettlementcenter.com

If you have any questions about the potential ASR and J&J settlement, contact our attorneys who specialize in defective hip cases who are available 24-hours a day. Call (916) 520-6639 to speak with a Prodcut Liability Lawyer.

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.

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Which DePuy ASR hip recipients are excluded in the latest settlement?


Which DePuy ASR hip recipients are excluded in the latest settlement?

  • Now, not everyone who has had a revision surgery applies.
  • As I mentioned in the last post, the revision has to have occurred more than 180 days after the initial hip was put in.  For most people, that is not an issue.  Further, the revision cannot be a result of an infection.  For example, if you had your DePuy ASR hip put in and you contracted an infection in the hip joint several months later and as a result the hip has to be taken out, that cadepuyrecall1se would not qualify.  There is going to be very specific criteria for what qualifies for an infection.
  • This settlement does not apply to any people whose hip has not yet been revised or people who cannot get it revised because of health issues even though it should be revised.  The claims of those people are still pending and are not resolved as part of the settlement and will have to be litigated at some point in the future.  We anticipate there will be another settlement some time down the road involving those individuals, but right now there isn’t.

 

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 (916) 520-6639.  We will also continue to post informative blogs on this site www.depuyasrsettlement.com that will include significant updates in this settlement offer.

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

Which DePuy ASR hip recipients are included in the latest settlement?


Which DePuy ASR hip recipients are included in the latest settlement?

I just left a hearing in the DePuy ASR litigation where a proposed settlement was presented to the court.  This is a global settlement that attempts to resolve approximately 8,000 lawsuits that are pending against DePuy involving the DePuy ASR hip recall.  Some people with cases may be happy with the settlement offer, some people may not.  Below is a broad outline of what the proposed offer entails.  Essentially, the settlement works like this:

  • To qualify for participation in the settlement program you have to be an individual who had a DePuy ASR hip that was revised.
  • The revision has to have occurred more than 180 days after the initial hip was put in.  For most people, that is not an issue.  Further, the revision cannot be a result of an infection.  For example, if you had your DePuy ASR hip put in and you contracted an infection in the hip joint several months later and as a result the hip has to be taken out, that case would not qualify.  There is going to be very specific criteria for what qualifies for an infection.  For detailed advice regarding this scenario, please contact our product liability attorneys, Bill Kershaw or Stuart Talley at (916) 520-6639.
  • So, assuming you qualify to participate in the settlement, the settlement provides that if you are the run-of-the-mill person who had one DePuy ASR and that hip was revised with no complications as a result of the surgery (no nerve damage, no subsequent surgeries, no infection) you would be entitled to $250,000 under this settlement.

 

So, that is what is going on with the settlement.  Still more details to come out, but for most people out there if you are sort of the run-of-the-mill person who had a revision surgery with a DePuy ASR during the right time period, your case would likely be worth $250,000.

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 (916) 520-6639.  We will also continue to post informative blogs on this site www.depuyasrsettlement.com that will include significant updates in this settlement offer.

 

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 (916) 520-6639.  We will also continue to post informative blogs on this site www.defectivehipsettlementcenter.com including significant updates in this settlement offer.

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

November 19th Depuy ASR Hip Recall Settlement News


Hi, I’m Stuart Talley with Kershaw, Cook & Talley. Bill Kershaw and I are the partners responsible for providing updates on the DePuy ASR litigation.

We expect the settlement hearing will occur later today in Toledo, Ohio.  Many of you possibly read reports in the New York Times or Bloomberg about a possible settlement. These reports are from anonymous sources and do not provide the necessary details to individuals with DePuy ASR cases on file.

I will attend the settlement and get details of the proposed settlement.

We represent hundreds of individuals with various metal on metal hips including DePuy. If you have any questions or concerns, please call us, toll free, at (916) 520-6639 or visit our website www.defectivehipsettlementcenter.com.

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.

Depuy ASR Hip Recall Settlement News November 18th 2013.


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

This litigation is not a “class action”, one lawsuit is filed on behalf of thousands of injured people.  Instead, more than 12,000 separate, individual lawsuits were filed.  This means each of the 12,000 plaintiffs can decide whether or not they individually want to participate in the settlement offered by DePuy.  However, we expect DePuy will insist a certain percentage of 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, Cook & Talley will attend the hearing on the 19th and provide current details about the settlement and how funds will be apportioned.  Stay tuned.

BREAKING NEWS DEPUY ASR HIP RECALL UPDATE NOVEMBER 17 2013


Hi, I’m Stuart Talley with Kershaw, Cook & Talley. Bill Kershaw and I are the partners responsible for providing updates on the DePuy ASR litigation.

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

This litigation is not a “class action”, one lawsuit is filed on behalf of thousands of injured people.  Instead, more than 12,000 separate, individual lawsuits were filed.  This means each of the 12,000 plaintiffs can decide whether or not they individually want to participate in the settlement offered by DePuy.  However, we expect DePuy will insist a certain percentage of 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, Cook & Talley will attend the hearing on the 19th and provide current details about the settlement and how funds will be apportioned.  Stay tuned.

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