Hip Implant Litigation Against Johnson & Johnson Reportedly Closer To Settlement
Johnson and Johnson, the manufacturers of certain defective artificial hips may be near settling with a large number of plaintiffs in coming weeks.* If the pharmaceutical company pays the purported $3 billion reported in the media, this will double the amount it had thus far been willing to offer to settle the lawsuits against it.* Both sides have an interest in settling the claims as multiple test trials are set for the coming months.* Between the months of September and January alone, there are seven bellwether cases set for trial.*
Neither side has emerged a clear winner with regard to Johnson and Johnson’s artificial hip litigation. Indeed, the plaintiff in the first trial won a substantial, $8.3 million verdict while DePuy, a division of Johnson and Johnson, won the second trial.*
Aside from the size of monetary payouts, the sides appear far apart on issues including “how long Johnson & Johnson may have to pay future claims, reimbursement of Medicare, and compensation for more severe injuries.”* 93,000 artificial hip implants have been recalled because they have prematurely failed.* This sometimes necessitates revision surgeries.*
In 2011, the New York Times reported that doctors examining one patient with a defective implant found “what looked like a biological dead zone. There were matted strands of tissue stained gray and black; a large strip of muscle near the hip no longer contracted.”** It seems that DePuy (and Johnson and Johnson) are beginning to realize their potential exposure to liability in cases such as these. This is likely the reason that the companies would want to settle.
If you or someone you know has suffered an injury that may be related to a hip implant or replacement, please contact Audet & Partners, LLP by calling us toll free at 800.965.1461. Alternatively, please complete and submit our confidential inquiry form on the right side of this page.
* Johnson & Johnson Ready To Pay $3 Billion To Settle Defective Hip Claims? (The Legal Examiner, August 22, 2013),http://kansascity.legalexaminer.com/medical-devices-implants/johnson-johnson-sets-aside-3-billion-to-pay-defective-hip-claims/