Johnson & Johnson hip implant settlement price could soar above $4 billion

Today's post was shared by FairWarning and comes from www.nj.com

A settlement Johnson & Johnson finalized yesterday over faulty hip implants could be worth more than the initial $2.5 billion price.  Johnson & Johnson agreed to pay at least $2.47 billion to settle thousands of lawsuits over its recalled hip implants, lawyers for the company and patients told a judge in outlining an accord that may be worth more than $4 billion. The agreement would resolve about 8,000 U.S. suits against J&J’s DePuy unit brought by patients who have already had artificial hips removed, Susan Sharko, one of the company’s lawyers, told U.S. District Judge David Katz yesterday in Toledo, Ohio. The company will pay an average of about $250,000 for each surgery and cover related medical costs, Sharko said. “The settlement provides compensation for eligible patients without the delay and uncertainty of protracted litigation,” Andrew Ekdahl, worldwide president of DePuy Synthes Joint Reconstruction said in a statement. The settlement, which doesn’t require the judge’s approval, is the second multibillion-dollar accord this month for J&J, the world’s largest seller of health-care products. The company, based in New Brunswick, New Jersey, agreed Nov. 4 to pay $2.2 billion to resolve criminal and civil probes into the marketing of...

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Report: Johnson & Johnson could settle hip replacement lawsuits for $4 billion

Today's post was shared by Legal Newsline and comes from legalnewsline.com

Johnson & Johnson has agreed to settle thousands of lawsuits over defective all-metal replacement hips for up to $4 billion, according to reports this week. Sources told The New York Times Tuesday that the tentative plan would include patients who’ve already had the devices — Articular Surface Replacements — removed and replaced with something different. Under the deal, each patient would receive about $350,000 on average in compensation. The $4 billion settlement would be one of the largest payouts for medical device product liability claims, the Times noted. But the final cost could increase, depending on how many claimants already implanted with the devices end up having operations to replace them in the future, the sources told the newspaper. DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled the ASRs in 2010. Since then, more than 10,000 people have sued in state and federal courts in the United States. The metal-on-metal replacement began to fail soon after implantation, as opposed to plastic and metal hip implants. Those typically last 15 years or more. With the DePuy replacement, metal can flake off into the body and cause tissue and bone damage. From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.Related articles

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$8 Million Verdict: DePuy Defective Hip Implant

A jury in California awarded a retired guard $8 Million as a result of suffering from a defective hip implant. The defective product, an ASR hip implant,  was manufactured by Johnson & Johnson. Many additional cases are pending though-out the country.

Read more about hip-implants and workers' compensation

Workers' Compensation: Knee Replacement Medical Device Recalled

Feb 27, 2013

4, 2013, DePuy issued an Urgent Medical Device Recall informing hospitals and surgeons of the problem and to immediately stop distributing or using the recalled lots. If a medical facility has the affected product in stock, it is ...

http://workers-compensation.blogspot.com/

Defective Artificial Hips Maybe a Costly problem for Workers

Dec 17, 2010

With an estimated 93,000 DePuy recalled artificial hips implanted worldwide, the workers' compensation benefit system will probably be paying for a vast amount of the remediation and treatment costs, and then having its ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Hip Implants Recalled Due to Failure

Aug 27, 2010

DePuy release a statement today that they two products being recalled were: the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Metal-on-Metal Hip Implants: FDA Issues a ...

Jan 17, 2013

Johnson and Johnson has recalled 2 Hip Implants because of failure. The two implants were made by the DePuy Orthopaedics unit of Johnson and Johnson. The decision to withdrawn the products was based upon the fact .

http://workers-compensation.blogspot.com/

Defective Artificial Hips Maybe a Costly problem for Workers' Compensation

The workers' compensation insurance system is about to be the initial payor for joint replacement surgery and for the complications of defective artificial hip joint damage that were said to be inadequately tested because of a loophole in FDA's rules. With an estimated 93,000 DePuy recalled artificial hips implanted worldwide, the workers' compensation benefit system will probably be paying for a vast amount of the remediation and treatment costs, and then having its hand out through direct and indirect subrogation efforts to seek reimbursement from the manufacturer, Johnson and Johnson.

Called "one of the most troubled orthopedic implants of the past decade," recently recalled Johnson & Johnson artificial hips, DePuy Orthopedics, have drawn recent attention for being sold and promoted without adequate testing. The concern has been focused on devices known as A.S.R., Artificial Surface Replacement hip joints. The device was first introduced in the US in 2005 and was recalled from the market in August 2008.

The New York Times reported that, "Current rules do not require device producers to notify the F.D.A. when they bundle together components from approved and unapproved devices, Mark Melkerson, an agency official, acknowledged. New iterations of device designs already used on patients typically receive scant scrutiny from the F.D.A. before going to market."

It further reported that, "... back in 2005, the F.D.A. allowed DePuy to start selling the other version of the A.S.R., a modified standard hip replacement that used the same A.S.R. cup found in the company’s unapproved resurfacing device." 

As a result of hip joint pain following surgery, and many adverse reports, and surgical implant failures, further investigation have resulted in the recall of DePuy Orthopedics, ASR artificial hips,  Some individuals may suffer damage to bones, muscles and nerves following implant. Lawsuits have been filed against DePuy.

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Hip Implants Recalled Due to Failure

Johnson and Johnson has recalled 2 Hip Implants because of failure. The two implants were made by the DePuy Orthopaedics unit of Johnson and Johnson. The decision to withdrawn the products was based upon the fact that many patients require a second hip replacement because of product failure.

DePuy release a statement today that they two products being recalled were: the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur, a method intended to preserve more bone. There about 93,000 of the defective appliances that have been implanted worldwide.

For over two years the US Food and Drug Administration (FDA) has been besieged with complaints about the failure of the devices and painful surgery to replace them.

The office of Jon L. Gelman has advocated for consumer rights and has helped those who have unfortunately received defective medical devices. Please call 1-973-696-7900 or e-mail for further information.

Workers' Compensation and Joint Replacement

• Preventing Joint Replacement Surgery in Workers' Compensation Claims 

Related articles

• J and J unit recalls hip replacement products (usatoday.com)
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• J and J Recalls 2 Hip Replacement Systems for Problems (abcnews.go.com)
• Johnson and Johnson Recalls Hip Implants (nytimes.com)