DePuy ASR Lawsuit News: Trial of Australian Class Action Lawsuit Postponed Until Next Year, Bernstein Liebhard LLP Reports

NEW YORK, May 28, 2014 /PRNewswire/ -- Australia's first trial of a DePuy ASR lawsuit (http://www.consumerinjurylawyers.com/DePuy/) has been postponed until next year, Bernstein Liebhard LLP reports. According to ABC Australia, the class action lawsuit was set to head to trial this week, but lawyers for thousands of plaintiffs who were allegedly harmed by the metal-on-metal hip sought the postponement so that they can evaluate volumes of recently-obtained evidence. Among other things, the lawsuit alleges that Johnson & Johnson and DePuy Orthopaedics knew in 2006 that the ASR was subject to a higher rate of early failure than other all-metal hips. Plaintiffs further allege that the companies had enough information to act by 2007, but did not issue the DePuy ASR recall until 2010.

"The allegations put forth in this lawsuit echo those contained in thousands of DePuy ASR recall claims pending in the U.S.," 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 Recall

The DePuy ASR recall was announced in August 2010 after post-market data indicated that 12 to 13 percent of recipients required revision surgery within five years of implantation. By the time the recall was announced, close to 100,000 people around the world had received the devices, including some 5,500 in Australia. Evidence revealed during DePuy ASR lawsuit trials in the U.S. indicated that the implant's actual failure rate may be closer to 5 percent.

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 their failed hip implant. The 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. (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197)

In a Notice issued on May 20, 2014, the Court disclosed that Johnson & Johnson had waived its "walk away" rights after a majority of eligible claimants opted into the DePuy ASR settlement program, which will allow the agreement to move forward. Plaintiffs qualified to participate in the DePuy ASR settlement include those who underwent revision surgery to replace their ASR hip due to a recall-related reason prior to August 31, 2013. Eligible claimants 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, required multiple revision surgeries, or if they experience "certain extraordinary injuries" in the future.

Plaintiffs who are not eligible for this settlement program may still pursue individual claims against DePuy Orthopaedics and Johnson & Johnson. 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. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. 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 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorney's fees unless their case results in a successful recovery on their behalf. New York State's contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm's fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff's recovery.

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ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (888) 340-4807. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

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Bernstein Liebhard LLP
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SOURCE Bernstein Liebhard LLP