Although a growing number of DePuy hip lawsuits are being filed by people throughout the country against DePuy Orthopaedics and its parent company, Johnson & Johnson, the litigation over the metal-on-metal hip implant is still in the early stages and there have not been any reported DePuy hip replacement settlements.
DePuy has indicated that will consider reimbursement for certain expenses that they deem reasonable, but it appears individuals will have to sign over important rights to secure this minimal compensation. In addition, those who require additional treatment and surgery as a result of DePuy hip replacement problems may be entitled to receive substantially more money to settle their claim than the manufacturer has indicating they will pay at this time.
Such compensation may include payment for past and future medical treatment, lost wages and non-economic damages like pain and suffering.
There are a number of factors that will go into determining the amount of any DePuy hip replacement settlement that is awarded based on the individual circumstances of each case. There is no “set” amount of money that will properly compensate all injuries, as each person has suffered different damages as a result of the recall and experienced different problems.
Any negotiation to settle DePuy lawsuits will be based on what a jury is likely to award in each case. If the lawsuits proceeds to trial, a jury will take into account the nature of the claimed injury in each case, the severity of the damage and the economic impact of the DePuy ASR injury.
In determining the amount of non-economic damages for a DePuy metal hip replacement lawsuit, the following are some of the common factors that a jury may consider:
- The extent and duration of the injury suffered;
- The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal;
- The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants;
- Any lost wages or loss of earning capacity.
We can help you connect to Experienced DePuy Hip Replacemet Lawyers that can get you the compensation that you deserve with your DePHip Replacement Settlement. Pleaes fill out the Free Case Review Form on the right and an expereinced attorney will contact you to discuss your options.
In December 2010, the U.S. Judicial Panel on Multidistrict Litigation consolidated all federal DePuy ASR hip injury suits for pretrial proceedings, which will promote the efficient handling of these cases and may help facilitate a settlement agreement. Similar consolidated proceedings are likely to be formed in some state courts where a number of cases are filed.
If the manufacturer does not settle DePuy ASR lawsuits during pretrial litigation, a handful of claims will likely be selected for early trials, known as “bellwether” cases. These lawsuits will help the parties gauge the strengths and weaknesses of the cases. The testimony and evidence introduced in bellwether cases is likely to be similar to what will presented in other cases, and such trials often help the parties negotiate an agreement to settle other lawsuits.

