How Long Will It Take to Settle a DePuy ASR Injury Suit?
More than 10,000 people throughout the United States have filed a DePuy ASR hip lawsuit after experiencing problems with the recalled metal-on-metal hip implant. The first cases against DePuy Orthopaedics and it’s parent company, Johnson & Johnson, are scheduled to reach trial during 2013 and it appears increasingly likely that the manufacturer will attempt to settle DePuy ASR hip claims to avoid a large number of trial dates throughout the country.
Shortly after the recall, DePuy indicated that it would consider reimbursement for certain expenses that they deem reasonable, but individuals were forced to sign over important rights to secure this minimal compensation. In addition, those who require additional treatment and surgery as a result of DePuy ASR hip replacement problems may be entitled to receive substantially more money to settle their claim than the manufacturer has indicating they will pay at this time. Such compensation may include payment for past and future medical treatment, lost wages and non-economic damages like pain and suffering.
In August 2012, it was reported that the manufacturer reached what is believed to be the first agreement to settle a DePuy ASR lawsuit, resolving a case brought by three people in Nevada state court, which was scheduled to be the first trial in the United States beginning in December 2012. Additional state court cases are scheduled for trial to begin in early 2013, with a series of “bellwether” cases scheduled in federal court beginning in May and July 2013.
The outcome of these early DePuy ASR trials is often helpful in allowing the parties to gauge how juries are likely to respond to evidence that will likely be offered throughout many of the lawsuits. However, it is also possible that DePuy and Johnson & Johnson will never let a case reach a jury, instead electing to settle DePuy ASR lawsuits to avoid trial.
FACTORS IN SETTLING A DEPUY ASR LAWSUIT
There are a number of factors that will go into determining the amount of any DePuy ASR hip replacement settlement that is awarded based on the individual circumstances of each case. There is no “set” amount of money that will properly compensate all injuries, as each person has suffered different damages as a result of the recall and experienced different problems.
Any negotiation to settle DePuy ASR suits will be based on what a jury is likely to award in each case. If the lawsuits proceeds to trial, a jury will take into account the nature of the claimed injury in each case, the severity of the damage and the economic impact of the DePuy ASR injury.
In determining the amount of non-economic damages for a DePuy metal hip replacement lawsuit, the following are some of the common factors that a jury may consider:
- The extent and duration of the injury suffered;
- The effect that the DePuy ASR hip injury had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely be suffered in the future;
- The extent of any disfigurement or scarring caused by defective DePuy ASR hip implants or their removal;
- The amount of any past or future medical expenses caused by DePuy metal-on-metal hip implants;
- Any lost wages or loss of earning capacity.
DEPUY ASR SETTLEMENT LAWYERS
The attorneys at Saiontz & Kirk, P.A. provide free consultations and claim evaluations to help individuals determine whether they may be entitled compensation through a DePuy ASR lawsuit settlement. All claims are pursued through a contingency fee, which means that there you pay no attorney fees or expenses unless we secure compensation for your injury from the DePuy ASR hip replacement.
To review a potential case for yourself, a friend or family member, complete an on-line submission or call toll free 1 (800) 522-0102.