June 25, 2014
Following DePuy’s agreement to the proposed settlement for ASR hip implant devices, the company promptly created a website to handle the registration and enrollment of claimants by the April 1st, 2014 deadline. The website is managed and operated by the US ASR Settlement Program Claims Processor, Brown Greer, PLC, and it dictated the deadlines and document requirements for both the registration and enrollment of claimants.
The website, which is accessible to both pro se and represented claimants, allows for the electronic submission of the necessary documents. To validly enroll, claimants were required to submit medical records and product identifying information. Additionally, claimants were required to submit an executed release, dismissal with prejudice (if the claimant had a pending lawsuit), a form for the base award, a form for bilateral award, enrollment form, and a form for lien resolution. Claimants were required to submit all forms and medical records on April 1st, 2014, with the exception of those required for the extraordinary injury fund. After submitting the required materials, claimants had no choice but to wait to learn if 94% of eligible patients had enrolled in the Settlement Program.
On May 19, 2014, Brown Greer announced that DePuy had informed them that they will move forward with the Settlement Program and will not exercise their Walk Away Right. Brown Green stated that the program will proceed with reviewing and processing claims to determine if individual claimants are eligible for payment and will issue payments in accordance with the Settlement Agreement. Brown Green stated that the timing and amount of compensation would depend on a number of factors and circumstances specific to each individual claim. In other words, although DePuy has agreed to move forward with the Settlement Program, they are still reserving their right to review each individual claim and make a specific determination regarding their eligibility.
Once the Claim Processor reviews an individual claim, claimants or the claimant’s attorney will receive a “Program Notice,” informing them of the status or outcome of their claim. The Program Notice will include such things as the Processor’s findings, including details on any eligible, denied, or incomplete claims, and the next steps available to claimants. The Program Notice will be submitted electronically to the claimant or claimant’s attorney. Claimants will have the option to accept or contest the Claim Processor’s determination and upload additional documents to support their claim. While the pending settlement only applies to patients who have not undergone revision surgery for their Depuy hip implant and patients who had their revision surgery after August 31, 2013, these individuals are not barred from seeking compensation for their injuries.
An experienced attorney can help these individuals with their legal options. The attorneys at Khonsari Law Group are experienced and are actively handling DePuy hip implant cases. We understand the seriousness of what our clients are going through and we are here to help. If you have any questions or concerns, please contact the Khonsari Law Group today.