North Carolina Product Liability Lawyer BlogSome late-breaking news: The Depuy ASR Settlement Agreement has been extended to cover injured people who received a revision surgery after January 31, 2015. The extension was announced yesterday. Here’s how it works: if you received a Depuy ASR artificial hip, and then had revision surgery to remove the component between January 31, 2015 and […]
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DePuy ASR Hip Victims: Revision Surgeries Beyond Ten Years Should Also Be Compensated
This is my pitch: People who had to undergo revision surgery because their DePuy ASR artificial hip failed should be compensated for their injuries, even if the revision surgery occurred beyond the ten-year anniversary date of the original implant surgery. Let me admit the obvious: It’s a bit self-serving for me to argue this point. […]
With Third Depuy ASR Settlement Deadline Past, Do I Still Have a Viable Claim?
I get calls from people all over the country worried that they may have missed a deadline for participation in the Depuy ASR Artificial Hip Settlement. I understand the alarm. It would be dreadful to have the ASR metal-on-metal hip implanted, suffer mysterious pains and then elevated metal levels in the blood, discover the […]
2017 Depuy ASR Hip Settlement Extension: The Latest Information
We are getting more clarity on the recent extension of the Settlement Agreement in the Depuy ASR artificial hip litigation. As I wrote about in a previous post, the ASR Settlement has now been extended to cover people implanted with the Depuy ASR hip who received a revision surgery between January 31, 2015 and February […]
Depuy ASR Hip Failure: Nine-Year Window For Revision Surgery
Many people still have the Depuy ASR hip components implanted in their bodies. I get calls from them. Some have elevated metal levels in their blood; others are telling me about pain in the hip area, popping sounds, and other problems. They are preparing to schedule revision surgery, and they want to know if they […]
Depuy ASR Artificial Hip “Part B” Settlement for Future Injuries
Over the past several weeks we have reviewed the Depuy ASR Settlement Agreement, and recently the Part B extraordinary injury money awards that are available to qualified injured people. You can read about the Part B “Extraordinary Injury Fund” (“EIF”) here, and about Part B “Miscellaneous Injuries” here. In this post I want to talk […]
Depuy ASR Hip Settlement Agreements: The Part A “Base” Award
Part 2 In Part 1 we talked about the process for determining if you would be eligible to participate in the Depuy ASR Hip Settlement. I remind you that although the deadlines for participation in the first two Depuy ASR settlements have passed, people are still filing lawsuits against Depuy Orthopaedics and Johnson & Johnson. […]
Depuy ASR Hip Settlement Agreements: What It Means For You
Part 1 After years of litigation and negotiation among the plaintiffs and defendants, the first Depuy ASR hip settlement agreement was reached on November 19, 2013. This settlement document, with all the exhibits, was 181 pages long. The first settlement agreement required that you must have undergone revision surgery on or before August 31, 2013. […]
Should You Have Surgery to Beat Product Liability Settlement Deadline?
In litigation, there are several harsh and punishing deadlines. The worst one is the statute of limitations (“SOL”). The SOL is a statute in state or federal law that limits the time you are allowed to file a lawsuit. In North Carolina, for example, the SOL for bringing a personal injury claim against a person […]
Depuy Hip Settlement: Do You Opt-In or Seek a Jury Trial?
In this post, we will look at the decisions a person must make when faced with a master settlement offer like the recent one in the Depuy ASR hip litigation. Of course, the deadlines have passed in the two settlement agreements involving the Depuy ASR hip systems, but the analysis below remains important, and of […]