Australian DePuy ASR Lawsuit Being Prepped for Trial, as Proposed DePuy ASR Recall Settlement Moves Forward in U.S., Bernstein Liebhard LLP Reports

Dec 03, 2013, 12:09 ET from Bernstein Liebhard LLP

NEW YORK, Dec. 3, 2013 /PRNewswire/ -- More than 1,000 Australians have joined a DePuy ASR hip lawsuit ( ) that is set to go to trial in mid-2014, Bernstein Liebhard LLP reports. According to a November 24th article published by the Courier Mail, the class action complaint alleges that Johnson & Johnson (Nasdaq: JNJ) and its DePuy Orthopaedics unit were negligent because they failed in their duty of care to implant recipients prior to the August 2010 DePuy ASR recall. Attorneys for the Australian plaintiffs have called on the companies to come to a settlement.


Court records indicate that Johnson & Johnson has agreed to pay more than $2.5 billion to settle thousands of DePuy ASR lawsuits filed in the U.S. on behalf of individuals who underwent revision surgery to replace a failing hip. The proposed DePuy ASR settlement, which was announced on November 19, 2013 in the U.S. District Court, Northern District of Ohio, could resolve some 8,000 of the 12,000 U.S. claims currently pending against the company in the U.S. However, it must first be accepted by 94% of eligible plaintiffs. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

"We will be watching the progress of the DePuy ASR lawsuit in Australia with great interest, as the claims put forth by those plaintiffs echo many of the allegations being made by our own clients. Our Firm is also evaluating the DePuy ASR settlement proposal recently announced here, so that we can determine the best course of action for each of our clients," says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who experienced serious complications allegedly related to the DePuy ASR recall.

DePuy ASR Settlement

The DePuy ASR hip recall was announced in August 2010, after the metal-on-metal hips were found to be failing early in 12-to-13% of recipients. However, court documents revealed in the course of the DePuy ASR litigation indicate that the true premature failure rate could exceed 40%.

According to court documents, participation in the recently announced DePuy ASR settlement is limited to hip recipients who underwent revision surgery for a reason related to the recall no later than August 31, 2013. However, the proposed agreement does not in any way preclude plaintiffs who do not qualify for the settlement from pursing legal claims against Johnson & Johnson and DePuy.

According to the DePuy ASR settlement agreement, eligible plaintiffs would be entitled to a base award of $250,000. That award could be reduced, however, depending on certain other factors, including their prior medical history. Other circumstances could entitle plaintiffs to a supplemental award if they, for example, multiple revision surgeries, or the development of "certain extraordinary injuries" in the future.

Alleged victims of complications associated with a DePuy ASR hip replacement are urged to contact Bernstein Liebhard LLP to discuss their legal options. To learn more about the DePuy ASR recall, please visit the Firm's website. Free, no-obligation case reviews may also be obtained by calling (888) 340-4807.

About Bernstein Liebhard LLP Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the "Plaintiffs' Hot List," recognizing the top plaintiffs' firms in the country, for the past 11 consecutive years.

Bernstein Liebhard LLP 10 East 40th Street New York, New York 10016 (888) 340-4807

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SOURCE Bernstein Liebhard LLP