By Howard Nations –
November 20, 2013 – Recent activity in the DePuy ASR litigation increases the possibility of a settlement for ASR users who were required to have a revision or replacement of their implanted ASR hip device. Let me be clear up front that this is the beginning of a proposed settlement and we are still a long way from the end.
On November 19, 2013 at a conference in the Ohio federal court where the ASR litigation is pending , Johnson and Johnson and the Plaintiff’s Steering Committee announced preliminary information regarding a proposed global settlement, limited to ASR hip cases which involve a revision. At this time, the detailed information has not been finalized and there is a lot of misinformation in the press that is based on leaks and speculation, most of which is inaccurate. There is no set amount offered as a settlement for each case. Instead, there is a very complicated formula which is based on individual case facts and on what evidence each Plaintiff can offer which will determine the final value of each proposed settlement offer from Johnson and Johnson.
This is a PROPOSED settlement rather than a completed settlement because Johnson and Johnson has the right to refuse to proceed with the settlement unless 94% of the potential claimants agree to the global settlement terms.
There remains a lot of work in this case and this proposal for a global settlement will not generate any settlement funds to any Plaintiff before the Summer of 2014, at the earliest. It could be much later that that. There is also the possibility that the entire proposed settlement may collapse if it is not supported by a sufficient number of Plaintiffs.
There are numerous elements that will be considered before qualification and amounts of settlement can be determined. Once specific qualification criteria and details regarding this proposed settlement are available, we will contact our clients individually to discuss their options. For those of you who do not have a revision, we will evaluate your alternatives with you also.
It is our policy to review the proposed settlement individually, as it applies to each of our clients and assist each client with a personal evaluation of the precise bottom line for you, if you choose to participate in this settlement. As soon as the details of the settlement proposal are finalized to the point that we can help you make an intelligent evaluation as to the alternatives that are available to you, we will contact you and begin the evaluation process.
Thanks for your patience.
