According to sources familiar with the matter, Johnson & Johnson has now discussed paying over $3 billion in ASR Hip settlement amounts.1 If most plaintiffs were to accept the terms, the ASR Hip settlement projection could exceed $3 billion. This would be 50 percent larger than proposed in previous discussions. It could also end up being the largest prosthetic joint device settlement to date.
However promising this may sound, it is important to keep in mind that any ASR Hip settlement amounts are still based on speculation. J&J still has the option to try each case individually on its merits if they believe it would cost them less than settlement would.
J&J will use the results of the upcoming bellwether trials in the Northern District of Ohio to consider the risks and benefits to settling these cases. J&J faces as many as 11,500 lawsuits in the U.S. and hopes to have them resolved by early next year. 1 With that many cases pending, it is more likely that the cases will be resolved through some type of settlement. The first bellwether case is scheduled to begin next Monday, September 9th.
According to Bloomberg, J&J and a group of plaintiff attorneys have discussed the possibility of a so-called “global” ASR Hip settlement covering all U.S. cases. The amount distributed to each claimant would depend on age, extent of injuries, whether additional surgery was needed, and other related factors. Negotiators would likely rank factors on a matrix or grid to determine what each plaintiff would get.
If cases were resolved with a settlement/grid situation, there are still other factors that would require special attention. Plaintiffs would have to agree on the terms of a settlement before one is reached on their behalf.
If you have not yet spoken with one of our hip attorneys, time may be running out. Even though ASR Hip settlement negotiations could take a while, there are statutes of limitations that can bar your claim if you do not commence a lawsuit in a given amount of time. Contact us for a free consultation.