The ASR hip replacement is a metal-on-metal device believed to have a design flaw that has resulted in many patients needing follow-up hip revision surgery to replace the device soon after implant. Some patients also claim the implant leaves metal particles embedded in surrounding tissue as it wears down. The ASR is considered by a number of orthopedic experts to be a defective product and DePuy hip replacement lawsuits are currently pending.
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If approved, J&J will pay an average of $300,000 per surgery. Further, the agreement will also reportedly cover future surgeries required by people whose ASR hip replacements have not yet failed. Effectively, this means there is no cap to the settlement in terms of total value, sources say. The settlement is expected to be announced next week in federal court in Toledo, Ohio.
According to Bloomberg, J&J has already spent roughly $993 million on medical costs informing patients and surgeons about the recall.