J&J Reimburses Thousands to Australians in Recall Claims
Posted on November 14, 2011 by Rottenstein Law Group
Johnson & Johnson (J&J) and its subsidiary, DePuy Orthopaedics, recalled roughly 93,000 ASR hip replacements worldwide beginning August 2010. The artificial joints, the ASR XL Acetabular System and ASR Hip Resurfacing System, failed at higher-than-normal rates for hip replacements, which are meant to last 15 years. Many recipients had to undergo revision procedures to remove the deteriorating devices, and others suffered hip replacement failure symptoms such as cobalt and chromium poisoning. In the United States, thousands of people have filed hip replacement lawsuits against the manufacturer.
As part of the recall, J&J is offering to reimburse recipients who underwent revision procedures to remove their failed implants. The reimbursement plan covers only costs billed to recipients’ insurance companies. Only now are we starting to find out how much DePuy ASR recipients are getting.
Thousands of Australian Recipients Reimbursed
According to a WAtoday article titled, “Regulator Dithering Put Hundreds of Hip Patients at Risk,” the Australian government estimates that 5,570 people received a recalled DePuy hip replacement, and of them, 430 underwent revision procedures. That’s 7.7 percent of all recipients. More interestingly, it reports that J&J reimbursed more than 3,500 claimants with a total amount of $21 million Australian dollars. At the time of publication, that’s $21.6 million U.S. dollars, roughly the same amount. On a per capita basis, that’s around $6,000 each in either currency. Assumedly, those whose hip replacements were revised received a disproportionately greater reimbursement. It appears J&J has paid out money to around 62.8 percent of all its Australian recipients.
Reimbursement Insufficient for Some Recipients
Despite DePuy’s program, recipients have joined together to file two class action lawsuits against the company in Australian courts. Unlike the U.S., Australia does not have a mass-tort process like multidistrict litigation (MDL), which allows plaintiffs to maintain their individual cases to receive compensation on the basis of their individual damages.
As the title implies, the rest of the article discusses the Australian government’s handling of the ASR fiasco. By 2007, it knew about the problems but J&J convinced the Therapeutic Goods Administration to allow continued use of the ASRs so long as the supply was “restricted … to surgeons who had undergone specific training.” DePuy ceased selling the ASR in Australia in December 2009, even though it continued to do so in the U.S. until the following August.
The Rottenstein Law Group Advocates for Injured DePuy Recipients
Given the differences between the Australian and American health care systems, we do not know if the $6,000 per person reimbursement is the equivalent payout here. However, like the Australians in the two class action DePuy lawsuits, ASR recipients do not need to accept J&J’s reimbursement plan. The amount of compensation from a DePuy hip replacement lawsuit might be higher than that of the reimbursement plan because a lawsuit will allow you to claim damages for lost wages, all medical expenses, transportation costs, and pain and suffering. If you are interested in going this route, the Rottenstein Law Group can help. For a free consultation, all you need to do is click on this link or complete our contact form to the right, and one of our hip replacement lawyers will reach out to you as soon as possible.
- US Drug Watchdog Urges All ASR DePuy Hip Implant Recipients to Get Identified and Lists the Most Common Symptoms of a Hip Implant Failure (earlsview.com)
- Financial toll soars for hip implant failures – KansasCity.com (earlsview.com)
- Recalled DePuy ASR Hip Implant Lawsuits Filed By The Law Offices Of John David Hart – TheStreet (earlsview.com)
- RLG Heeds Common Benefit Order in DePuy ASR MDL (earlsview.com)
- Rottenstein Law Group Heeds Common Benefit Order in DePuy ASR MDL – Yahoo! News (earlsview.com)
- DePuy Hip Recall | Pinnacle Hip Recall News (earlsview.com)
- J&J Third Quarter Earnings Report: Approximately 560 DePuy Pinnacle Lawsuits Filed (earlsview.com)
- Watch out for the DePuy BS campaign – coming to a town near you…. (earlsview.com)
- San Francisco Personal Injury Attorney Analyzes Depuy Lawsuits And Preemption (earlsview.com)
- Jackie – Part Two (earlsview.com)