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arthritis, Cobalt chrome, Cobalt poisoning, DePuy, DePuy ASR Hip, DePuy ASR™ Hip Resurfacing System, Food & Drug Administration, Health, Hip Replacement, hip replacement failure, hip resurfacing, Human settlement, Johnson, Johnson & Johnson, Medical device, New York TImes, Patient, Product Liability
Johnson & Johnson Said to Agree to $4 Billion Settlement Over Hip Implants
A faulty Articular Surface Replacement, or A.S.R., removed from a patient in 2010.
By BARRY MEIER
Published: November 12, 2013
Johnson & Johnson has tentatively agreed to a settlement that could reach up to $4 billion to resolve thousands of lawsuits filed by patients injured by a flawed all-metal replacement hip, said two lawyers briefed on the plan.
The tentative plan, which must win court approval, represents one of the largest payouts for product liability claims involving a medical device.
A spokeswoman for the company’s DePuy Orthopaedics unit declined to comment on the possibility of a settlement. An announcement about the plan is expected in the coming days, the lawyers said.
The agreement will include those patients who have already been forced to have the device, known as the Articular Surface Replacement, or A.S.R., removed and replaced with another artificial hip, said the lawyers who spoke about the agreement only on the condition of anonymity.
Under the deal, each patient would receive about $350,000 on average in compensation, though that figure will vary depending on factors like a patient’s age and medical condition.
The precise value of the settlement is unclear because lawyers for patients are still trying to estimate how many of the 12,000 related lawsuits involve patients who had a replacement. Lawyers believe that number may be 7,000 to 8,000 cases.
The final cost of the deal to Johnson & Johnson could rise, depending on how many claimants who received the device undergo replacement operations in the future, the lawyers said. Under the plan, patients who have not had a replacement would not receive compensation, the lawyers said.
Read the full article here – New York Times
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Great news!!!! will this include people in Australia who are in a class action?
I wish but it may just be the USA until some pressure is put on them?
This implant is no different than my smith & nephew! Which resulted in three operations and a constrained cup. Preemption laws suck! I do hope something comes of ALL MoM ! But this is great news for J&J patients!! yeh! Thanks Earl for letting. Us know!
I agree but Smith and Nephew will never – they are the only ones that know their mom hip can’t be touched because they are protected under the FDA. J & J are doing the right thing. S & N are criminals – no not care about the people that got them and have been suffering.
Hopefully the same will happen with the recalled Stryker hips that also have lots of lawsuits pending. I agree with Dodi, it should apply to all metal on metal hips. I am still hoping Smith and Nephew do the right thing and recall the BHR!
Unfortunately I have no faith in Smith and Nephew to do the right thing. They’ve got themselves protected under the FDA. It would take a decent political person to turn this law around and we know that will never happen!
It sounds like Stryker are following right along!
Smith & Nephew will never do the right thing. They don’t give a rats’ about patients, only profits. All of us who have been damaged and still suffer can go to hell as far as they are concerned.
You are right again Earl!
I feel your pain Dodi. I have just had my third hip operation after the failure of my BHR. Is there anything we can do as a group against Smith and Nephew?
Nope. No lawyer wants to go anywhere near them. They’ll stay away from the preemptive law and go with the other easier ones for them. Too bad the FDA wasn’t on the patients side (we’re SOL!).
Hi All, even as a J&J patient I feel far from confident about this, they haven’t actually ‘officially’ notified anyone about this yet, so we will see. I have been told that a number of the big law firms in the UK, USA, Australia and elsewhere are waiting to see exactly what happens with this as the same ‘technology and foreseeable issues’ have existed with all MOM devices, no matter who made them. So I hope for all of your sakes, especially with the BHR and Stryker patients who seem to be having worse or just as bad side effects as what we have had with the ASR, that you too get your chance not just for compensation, but also for recognition as well. I hope that everyone takes the opportunity to stay in touch through this excellent portal and keep sharing your stories, as Karen said, the more people that join together as a group against these companies the better it will be for all, if I can get to have a sit down meeting with the head of J&J in Australasia, I think that anything is possible for each of us. Keep posted and as soon as I hear anything more I will be more than happy to share. More power to the brothers and sisters of the order of the f*&^%$ up hip! Cheers Stu
Apparently the announcement of the 4 billion settlement is to be Tues 19th of Nov. Hoping it will be a settlement for all and not just the US.
Hope so but they are tricky bastards.
Stryker have recalled the Rejuvinate and the ABG 11 and already have lawsuits pending and $$$$$ set aside for compensation. Smith and Nephew are still lying throught their teeth and falsifying their success rates!
How about Corin Cormet MOM resurfacing??? Psedotumour, ALVAL, Cobalt & Chromium toxicity leading to who knows what ……. 2 ops, 5 years down the line still not right ……..
These guys are profiteers. Patients are irrelevant.
Right Again, Earl!!! (or do we just think alike??!)
Haha!
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Much, much, much better than nothign. But still not justice. Justice is doing to them, what they have done onto you! hahahah