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Depuy ASR – Proposed Settlement Update

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On November 19, 2013, a negotiated proposed settlement was announced that will potentially affect approximately 8,500 persons injured by the ASR hip implant that was recalled in 2010.

DePuy is offering the proposed settlement to citizens and residents of the United States who: 1) had an ASR hip implanted in the U.S. (or at a U.S. Military Hospital): 2) had the ASR in their body for at least 180 days; and 3) had revision surgery to remove their ASR hip on or before August 31, 2013 (and such revision surgery must have been for a reason relating to the recall of the device in 2010).

As part of the settlement, DePuy has proposed to set up 2 funds.  The first fund is for “base awards” which anyone who meets the above criteria qualifies for.  The maximum base award any claimant can receive is $250,000.00.  Many claimants will receive a base award of less than $250,000.00 as a result of several factors, which include: length of time the ASR was implanted; age at time of ASR implant; prior hip implant in the same hip; smoking history; and obesity.

The second fund is for “supplemental awards” relating to extraordinary injuries that are related to a patient’s ASR hip implant.  These include: bilateral hip revision surgery; multiple surgeries following ASR revision; complications relating to ASR revision surgery, including heart attack, stroke, pulmonary embolism, deep vein thrombosis, hip dislocation, and foot drop.  The amount awarded to individual patients from the “supplemental award” fund is not yet known.

The proposed settlement will also pay for all qualified liens from Medicare, Medicaid, and other private health insurance carriers that paid bills directly related to a patient’s hip implant revision.

Finally, the proposed settlement allows DePuy to withdraw the proposal if less than 94% of eligible people choose to accept the proposed settlement.  DePuy has the option to continue with the settlement if less than 94% of people accept it, but they do not have to do so.

We will continue to update this information as we learn more about the proposed settlement and will in touch with each of our clients directly in the very near future.

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