A supplemental settlement fund was recently announced in connection with the DePuy ASR hip implant litigation.
Thousands of patients filed lawsuits against Johnson & Johnson’s DePuy Orthopaedics division after being injured by its defective metal-on-metal hip implant devices.
Details regarding the second category of payments under the ASR voluntary settlement proposal have now been released. This program, alternatively referred to as the “Extraordinary Injury Fund” or “Part B” of the settlement matrix, is in addition to the basic compensation for revision surgery involving removal of the ASR cup.
There are multiple categories under Part B entitling ASR victims to make claims for additional payments, with the exact compensation amount to be determined in a claims process that focuses on a person’s medical history as reflected in his or her medical records. The claims processor will make the final award determinations, subject to review by a panel of retired judges and medical experts.
As an example of how the program works, if a person who underwent a revision surgery to remove the ASR device subsequently goes on to have an additional surgery to again remove and replace the acetabular cup liner, they could be entitled to up to an additional $80,000 in compensation. If they have yet another hip liner replacement surgery, that could entitle them to another $40,000 of compensation.
Part B is a potentially valuable source of recovery for DePuy claimants. The lawyers Walkup Melodia Kelly & Schoenberger are in the process of assisting clients through the claims process and maximizing their recovery under both Part A and Part B of the recent DePuy ASR hip settlement.