Part 1 After years of litigation and negotiation among the plaintiffs and defendants, the first Depuy ASR hip settlement agreement was reached on November 19, 2013. This settlement document, with all the exhibits, was 181 pages long. The first settlement agreement required that you must have undergone revision surgery on…
I appreciate this subject because in many ways it is mystifying. After all, how in the world can an injured person or an attorney or a jury decide the monetary value of the pain and suffering from a broken leg or a failed artificial hip? If you break your collarbone…
I received a court filing from the Depuy ASR multidistrict litigation last week, and it reminded me to caution you about the serious financial threat you can face when dealing with artificial hip failures and hip litigation (and of course, other medical device failures like artificial knees and transvaginal mesh).…
In Part 1, we began to look at some of the factors you should consider before you decide to accept a settlement from Depuy or not. Now let’s dig a little deeper . . . Two Recent Depuy ASR Jury Verdicts As the Depuy ASR Hip Settlement was being negotiated,…
In this post, we will look at the decisions a person must make when faced with a master settlement offer like the recent one in the Depuy ASR hip litigation. Of course, the deadlines have passed in the two settlement agreements involving the Depuy ASR hip systems, but the analysis…
All right, today we drill down a bit on a rather tedious subject: civil procedure. I need to explain how your artificial hip case may start in your local state court or nearby federal court but then wind up in a federal court hundreds of miles away. It may seem…
Let’s face it, most attorneys (in fact, most everyone in any profession) sound impressive on their websites. In much the same way as people craft positive, happy versions of themselves on Facebook and Instagram, attorneys usually present a shiny version of themselves on their law firm websites. Often these websites…
The following jury verdicts have been handed down in trials over failed artificial hips in 2015: Smith v. DePuy Orthopaedics Inc., et al., (Oklahoma District Court, Tulsa County). Jury Award: $2,500,000.00 for Plaintiff Andrea Smith. Date of Jury Verdict: February 12, 2015 This case is intriguing because the Plaintiff was…
Those who have suffered from a failed artificial hip, have undergone a revision surgery (or even more than one), and now contemplate taking legal action against the manufacturer, often ask what kinds of money judgments plaintiffs have received from juries across the country. I have collected a representative sample of…
In a recent post I set out the first four things you should do if you suspect that your artificial hip has failed you. Those were: 1. Start a symptoms/pain journal. 2. Gather evidence. 3. Keep a record of all bills and out-of-pocket expenses incurred. 4. Make an appointment with…