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…
North Carolina Product Liability Lawyer Blog
Pain and Suffering Damages in a Personal Injury Case
I appreciate this subject because in many ways it is mystifying. After all, how in the world can an injured person or an attorney or a jury decide the monetary value of the pain and suffering from a broken leg or a failed artificial hip? If you break your collarbone…
“Medical Funding” Serious Threat to Your Product Liability Settlement
I received a court filing from the Depuy ASR multidistrict litigation last week, and it reminded me to caution you about the serious financial threat you can face when dealing with artificial hip failures and hip litigation (and of course, other medical device failures like artificial knees and transvaginal mesh).…
Depuy ASR Hip Settlement: Five Key Benefits
In Part 1, we began to look at some of the factors you should consider before you decide to accept a settlement from Depuy or not. Now let’s dig a little deeper . . . Two Recent Depuy ASR Jury Verdicts As the Depuy ASR Hip Settlement was being negotiated,…
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…
Multidistrict Litigation: What Is It and How Does it Work?
All right, today we drill down a bit on a rather tedious subject: civil procedure. I need to explain how your artificial hip case may start in your local state court or nearby federal court but then wind up in a federal court hundreds of miles away. It may seem…
Second Revision Surgery a Success for Artificial Hip Patient
In this third and final part, my Client describes the agony she endured following the first revision surgery and how, in desperation, she made the decision to undergo a second revision surgery, her third hip surgery in six years. Part 3 First Revision Surgery “Extremely Difficult” My recovery from the…
Artificial Hip Patient Struggles Through Failed Implantation Surgery
A former client describes the difficulties she endured following the implantation of the Depuy ASR Hip and her two. The following is the second of a three-part series: Part 2 An Active Mother of Four In March 2008, I was an active, athletic, busy, single mother of four. I was…
Patient With Failed Artificial Hip Tells Her Painful Story
Today I turn over the Medical Device Law News blog to a former client of mine who has written a moving narrative about the difficulties she endured following the implantation of the Depuy ASR Hip and her two revision surgeries. The following is the first of a three-part series:…
Finding the Attorney to Handle Your Failed Hip Case
Let’s face it, most attorneys (in fact, most everyone in any profession) sound impressive on their websites. In much the same way as people craft positive, happy versions of themselves on Facebook and Instagram, attorneys usually present a shiny version of themselves on their law firm websites. Often these websites…