Johnson and Johnson Agrees to Settlement To Reach as High as $4 Billion to Resolve Patient Lawsuits With Flawed Hip Replacement
Posted Nov 13 2013 12:26pm
This has been a mess all over the place with a cover up with not recalling the devices soon enough and how the process proceeded as well. Below is where the company offered doctors money for getting patients to sing up and give access to some of their medical records as well.
The failure rate was more than what normal wear and tear and units were needing to be replaced in only 5 years versus 15 as what has been somewhat established with other replacements. The official recall of the hip was initiated in 2010. All metal hips have been pretty much replaced with a combination of plastic and metal.
Each patient would tentatively receive around $350,000 in compensation and it will vary and the number is only an estimation at this point for the 7000 to 8000 lawsuits. BD
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.
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.
DePuy officials have long insisted that they acted appropriately in recalling the device when they did. However, internal company documents disclosed during the trial of a patient lawsuit this year showed that DePuy officials were long aware that the hip had a flawed design and was failing prematurely at a high rate.