via OTHERWISE: Round 2 DePuy Hip Implant Settlement explained.
RPC 1.2 binds the lawyer to the client’s objectives (fair compensation in a personal injury case). The client retains the right to cosnsent to settlement-or not. In this law firm website a good job is done of consultation – preparing the ground for the critical discussion with the client.
But at this stage of a mass product liability case a key variable is unknown: what percentage acceptance of the offer will trigger Johnson & Johnson’s payment obligation. That will be key to the selling of the deal. – gwc
On Friday, February 20, 2015, DePuy/ Johnson & Johnson agreed to pay approximately $420 million more to resolve approximately 1400 additional DePuy ASR lawsuits. The order came from the Court extending the settlement offer to Plaintiffs who had revision surgery after August 31, 2013 up through January 31, 2015.
From the beginning of this litigation, almost five years ago, our goal at Childers, Schlueter & Smith has been to prosecute cases aggressively until DePuy accepted responsibility for its actions and offered to settle viable cases, or until viable cases were tried before a jury. While we are pleased that DePuy has proposed a second round of settlements now for certain plaintiffs.
There are a number of very important issues we want all ASR patients to be aware of given this recent proposal:
1) This is not a blanket, one-size-fits-all settlement proposal. DePuy’s proposal set outs specific terms which determine the individual settlement amounts for each person’s case (see below). As we have always maintained, all ASR cases are different. Because of the differences in each case, the proposed settlement amounts for all claimants will be different.
2) The settlement proposal is just that – a proposal – which you are not required to accept. Individual claimants in any case can accept or reject any settlement offer. At CSS, we evaluate each case and determine, as precisely as possible, the amount of compensation you would likely receive under the proposed settlement and whether it makes sense to continue under the program. For most it does, for a few select others it may not.
What are the terms of the settlement?