Johnson & Johnson has reportedly reached a tentative agreement in regards to a class action lawsuit involving the Articular Surface Replacement, or A.S.R., the all metal hip replacement sold by DePuy which allegedly caused widespread health complications in patients who received the device.
The tentative agreement, which requires court approval, could potentially reach $ 4 billion, making it one of the largest settlements for a medical device product liability lawsuit ever.
The payout, which would apply only to individuals who have already needed to have the device removed and replaced with another artificial hip, would result in an average compensation award of approximately $350,000 per patient. The exact amounts will vary for each individual based on various factors.
The hip replacement product at issue was sold by one of Johnson & Johnson’s subsidiary companies, DePuy, until mid-2010, when the company decided to recall the device. According to lawsuits, the device, which had a metal ball and a metal cup, may release metallic debris as the ball grinds within the socket causing damaged tissue, increased levels of blood toxicity, or other crippling injuries in patients.
Although the company initially insisted that they acted in an appropriate manner, internal documents uncovered during the course of the trial revealed that DePuy officials were allegedly aware that the device had a flawed design and were prone to failing prematurely at a high rate. About 93,000 patients worldwide received the affected device, with approximately one-third of them in the United States.
This case is one of the most illustrative of what products liability cases look like. Products liability is the legal principle whereby a manufacturer/creator of a product is responsible for ensuring that their product is safe for the intended use, and certain foreseeable alternative uses. Additionally, manufacturers are responsible for ensuring that products leaving their premises are free from manufacturing defects which could cause them to malfunction, posing a risk of harm of personal injury or property damage.
Manufacturers must also warn the consumer of any dangerous conditions associated with the product. The failure to warn may serve as justification for a claim by a plaintiff injured by a dangerous product.
If you or a loved one has suffered injury or death as a result of a defective consumer product, you should contact the experienced products liability attorneys at Lebowitz & Mzhen, LLC as soon as possible in order to discuss your claim. You may be entitled to damages for your medical bills, pain & suffering, lost wages, or other claims. Our firm has many years of experience in zealously representing individuals in the Washington, DC area who have suffered injuries due to defective or dangerous products. Call us today in order to schedule a free and confidential consultation. You can contact us by calling (800) 654-1949 or through this website.
More Blog Posts:
Howard University’s Homecoming Concert Leads to at least 10 Individuals Suffering Injury, Washington DC Injury Lawyer Blog, published November 5, 2013
Wrongful Death Lawsuit Filed in Snorkeling Accident of University of Virginia Student, Washington DC Injury Lawyer Blog, published October 30, 2013