A report in the New York Times claims that the DePuy hip implant maker, Johnson and Johnson has agreed to try and resolve thousands of lawsuits filed by patients allegedly injured by the metal-on-metal hip replacement. If the payments go as planned, this settlement could be one of the largest medical device settlements in history.
Although the full terms of the agreement have not yet been released, under the settlement each patient who underwent this procedure would be compensated based on the patient’s age and the complexity of his/her medical problems. The agreement of the settlement will include those patients who have already had to have the device known as the articular surface replacement or ASR removed and replaced by another artificial hip. According to plaintiffs’ lawyers who have brought the claims, the ASR hip had significantly higher failure rates than other similar artificial hips. According to court documents, many artificial hips will last as long as 15 years or more before they need to be replaced. The ASR made by Johnson & Johnson on the other hand was being replaced in as few as 5 years or less. More importantly, company memos produced in the litigation indicate that DePuy officials were aware of the hip’s flawed design and high early failure rate. Internal DePuy projections calculated that 40% of their devices would fail in their patients in less than 5 years. This is a rate 8 times higher than other hip replacement devices.
Although several negotiations are underway, many patients have yet to even file a claim. If you or someone you know has had a Johnson & Johnson DePuy hip device implanted, you should contact a qualified attorney immediately.
The medical device lawyers at Roberts & Roberts have been representing citizens across Longview, Tyler, and East Texas in complaints against the DePuy hip implant and other medical devices. The lawyers at Roberts & Roberts partnered with other law firms across the country to hold medical device manufacturers accountable to their patients. If you have questions or concerns, call Roberts & Roberts. The call costs you nothing… it could mean everything.