DePuy announced its first Settlement Program for recipients of ASR Acetabular metal-on-metal hip replacememnt system on November 19, 2013, but many claimants have not yet seen any hint of settlement. Why not?
The current Settlement Program defines an eligible claimant as an ASR recipient who receiveda Revision operation – to remove the ASR device – prior to August 31, 2013. This means that, absent special circumstances, no one who has had Revision surgery after that date is covered.
If you had your Revision surgery in September 2014 or later, shouldn’t you recover from DePuy for the injuries caused by the metal-on-metal ASR device? You were still injured by a dangerous medical device, to the same extent as those covered by the settlement program – you just had Revision surgery at a later date.
The Court hadnling the DePuy ASR cases has scheduled a hearing for January 2015, in which the parties are expected to present their proposal for how the post-August 31, 2013 revision cases should be addressed. Be prepared for this announcement by contacting an attorney who can have your case ready to be submitted when the settlement program begins.
What if you are medically unable to have a Revision surgery due to other serious medical conditions? If your metal-on-metal hip implant is causing you severe pain and has raised the levels of cobalt and chromium in your blood, and your orthopaedic doctor has told you that you need a revision but you are unable to be cleared for surgery, you may be able to obtain a settlement. Our attorneys can discuss your potential case with you, at no charge, to determine whether you qualify for a settlement sooner rather than later.
What if you have not had a Revision surgery becasuse you have had no problems? If you have not been experiencing problems with your DePuy ASR metal-on-metal hip implant, you still need to protect yourself – physically, and legally.
First, be sure to visit your orthopaedic doctor for regular checkups to monitor the levels of metal in your blood. Notify your doctor of any new problems you are having, even if they seem to be unrelated to your hip.
Second, contact an attorney to discuss how you can ensure that you will be covered if you experience problems down the road. Call us at 336-814-2126 for a free consultation about protecting your claim against DePuy for your ASR metal-on-metal hip implant.