The defective DePuy ASR hip implant was recalled worldwide in 2010, after DePuy and its parent company, Johnson & Johnson, admitted that the implants were faulty. A settlement fund was created to compensate patients who required a new hip replacement surgery prior to August of 2013.
This week, Johnson & Johnson and DePuy announced that eligibility for the settlement fund will be extended to people who had surgery between August 2013 and Jan. 31, 2015. The company expects an additional 1,400 people to file claims.
Hip Implants with a Dangerous History
The ASR hip implant is a metal-on-metal device first sold in 2005. The implant was supposed to last for 20 years, and allow patients a greater range of motion. However, doctors and patients soon found that the implants caused pain, dislocation, and metal poisoning as the chromium and cobalt in the implants leached into the blood stream.
Internal documents from Johnson & Johnson showed that nearly 40% of the implants failed and required removal surgeries within five years. As the outcry over the defective implants rose, Johnson & Johnson and DePuy eventually recalled all 93,000 implants worldwide.
Settlement Fund Created to Stem the Tide of Lawsuits
The settlement fund was created after Johnson & Johnson lost its first lawsuit in 2013, and was ordered to pay a patient $8.3 million in damages over the failed implant. The company then created a settlement fund, which would compensate patients for their injuries without having to go to court.
The settlement fund has paid out on over 7,500 claims, but excluded anyone whose surgery occurred later than August of 2013. Pressure from people whose claims were outside the deadline persuaded the company to extend the settlement. Approximately 1,400 people are now eligible to file claims over their ASR hip implant.
Those who do not wish to seek compensation from the settlement fund, or believe that the amount the settlement fund offers is too low, still have the option of filling a lawsuit against Johnson & Johnson in court.
If you received a DePuy ASR hip implant and required removal surgery, you still have legal options. Experienced defective medical device attorneys like those at Goldberg Finnegan can help you decide what is best for you and your family, and will help you seek justice for your injuries.
Call (888) 213-8140 or use our case evaluation form to schedule your free consultation today with a personal injury lawyer, Silver Spring MD.