DePuy Class Action Lawsuits

Have you been injured due to a defective DePuy ASR XL Acetabular Hip System or ASR Hip Resurfacing System? Are you wondering if you should join the thousands of individuals who signed onto a DePuy class action lawsuit against the company responsible for the devices and its parent corporation, Johnson & Johnson? Perhaps you’re wondering whether other legal options exist?

As recently reported, Johnson & Johnson has agreed to pay more than $4 billion to resolve the thousands of lawsuits filed over the company’s recalled hip replacement devices. Determining whether your needs would be best served by a DePuy class action lawsuit, or other legal action, requires care, consideration, and consultation with an attorney who is well-versed in similar product liability claims. For a basic overview of the DePuy class action lawsuit process and how it relates to the recalled DePuy devices, feel free to refer to this page. To determine what steps you should take in your case, or on behalf of your loved one, consult with a knowledgeable hip replacement attorney.

Class Action Process and DePuy Hip Replacement Devices

Existing DePuy litigation has yet to be certified as a traditional class action case and may never be classified as such. There are a number of reasons for this, including the relatively wide range of differences in the injuries suffered by the patients and the varying degree of damages. Generally speaking, class actions allow plaintiffs with similar damages to be fairly compensated when the cost of individual claims proves prohibitive for victims to undertake on their own. However, that does not mean that class actions are the only avenue for victims of defective or dangerous products to band together. If a class action suit is not feasible, another option that allows multiple victims to work together is a mass tort claim. Mass torts allow for multiple dangerous drug and medical product claims to be combined in the early stages of litigation while still allowing for individualized damage rewards.

Disparities in Mass Tort Claims

In certain product liability cases, such as DePuy’s recalled ASR XL Acetabular System and ASR Hip Resurfacing System, mass torts recognize that each plaintiff’s damages are unique while allowing for the initial legal groundwork to be handled as a group. Some disparities in DePuy damage claims can involve:

  • Evidence that is unique to each plaintiff’s case
  • The amount of individual medical expenses, additional surgeries, and other procedures required to make the injured victim whole
  • The length of time and the degree of pain and suffering each plaintiff experienced
  • Whether a victim suffered wrongful death
  • The amount of past, present, and future income loss
  • Differing statutes of limitations, as is the case with victims from different states and jurisdictions

Mass torts are heard in federal courts or state/district courts. Multidistrict litigation (MDL) centralizes the pre-trial phase of mass tort cases, bringing a group of them before a single judge. Motions governing rules of evidence are established and, sometimes, conflicting statutes of limitations can be sorted. In lay terms, an MDL is used to establish a fair set of rules to streamline the process and, ideally, avoid procedural complications.

One clear plaintiff advantage in a mass tort/MDL is that all the lawyers, or groups of attorneys, who represent the various plaintiffs can band together and share the information gleaned through their individual investigations. There are many examples of these ad-hoc networks of lawyers pooling their resources to ensure the entire group of injured victims receives fair compensation. 

Work with a Hip Replacement Attorney in Washington, DC

DePuy and Johnson & Johnson recalled 93,000 ASR hip implant or replacement devices worldwide in 2010, according to Bloomberg, and since then thousands of lawsuits have been filed. The majority of those suits have been ushered under the umbrella of MDL and the company has signaled that it’s prepared to pay roughly $300,000 per patient. Whether or not you qualify for the settlement program can only be determined by a dedicated product liability lawyer. Call today for a free consultation, and let our firm help you locate quality legal counsel and your compensatory rights.