$4B Hip Implant Settlement
Written by Faith Anderson on November 15, 2013
J&J Set to Pay $4 Billion to Resolve Lawsuits Over Recalled Hip Implant
In the largest U.S. settlement agreement involving a medical device, Johnson & Johnson will pay more than $4 billion to resolve about 7,500 hip implant lawsuits.
According to a recent report, medical device maker Johnson & Johnson has agreed to pay more than $4 billion to resolve thousands of lawsuits over the company’s recalled hip implants. The deal involves about 7,500 patients who had to replace J&J’s Articular Surface Replacement (ASR) hip implant with another artificial hip after suffering injuries caused by the metal-on-metal device. While those who received an ASR implant but have not yet had it removed will not be included in the hip implant settlement, those who are forced to remove the defective device in the future will be permitted to seek compensation at that time, making the deal even more costly for Johnson & Johnson. If you received a metal-on-metal hip implant in the past, and you have since suffered injuries like loosening or fracture of the device, our consumer advocates at the Consumer Justice Foundation can help put you in touch with a product liability attorney in your area.
Side Effects of All-Metal Hip Replacements
Johnson & Johnson’s ASR hip implant was designed to be an alternative to a total hip replacement, and involves replacing the ball at the femoral head and the socket in the pelvic bone with an artificial ball and socket. The all-metal components, however, have caused a number of complications for recipients of the medical device, including loosening, fracture and dislocation of the hip, leading to pain, swelling, difficulty walking, and sometimes the need for revision surgery to remove or replace the device. Mounting research has linked these significant hip implant problems to the potential for the metal-on-metal components to wear over time as they rub against one another, causing small metal particles to be released into the body in a condition called metallosis.
DePuy ASR Hip Implant Recall
In light of the risk of hip implant side effects and the exceptionally high failure rate associated with the ASR device, manufactured by J&J’s DePuy subsidiary, the FDA recalled 93,000 of the defective hip implants in August 2010. The hip implant recall came after data from a study showed that the five-year failure rate for the ASR replacement system was approximately 13%, or one in eight patients. Internal J&J documents, however, put the rate of ASR hips failing after 4.6 years at a whopping 37%, and last year, the hip implant failure rate in Australia climbed to 44% within seven years.
Contact a Defective Hip Implant Attorney in Your Area
By agreeing to a $4 billion hip implant settlement, which must still win court approval, J&J will pay out an average of $300,000 for each claim, in the largest settlement of liability claims involving a medical device in the United States. Furthermore, the settlement will be the second multibillion-dollar agreement this month for J&J, after the company agreed on November 4 to pay $2.2 billion to resolve civil and criminal probes into the marketing of its Risperdal antipsychotic drug. Unfortunately, even in patients who have the defective hip implant replaced, the device can leave behind dangerous, possibly deadly metal fragments that could remain undiscovered for years. If you believe you have been adversely affected by an all-metal hip implant or another potentially dangerous medical device, contact an experienced product liability lawyer in your area for legal help.
[box type=”note” align=”aligncenter” ]Source: http://www.nytimes.com/2013/11/13/business/johnson-and-johnson-said-to-agree-to-4-billion-settlement-over-hip-implants.html?_r=0[/box]