The Types and Amount of Damages a DePuy recall lawyer can help you recover
Among victims of the DePuy hip recall, one of the most frequently asked questions is “How much is my claim worth?” Given that many ASR hip recipients have incurred significant financial losses (not to mention pain and suffering) from a defective DePuy unit, this is certainly an understandable question. And while there may not be a concise answer to it, there are a number of considerations that can help you understand how much compensation you can reasonable expect to obtain from DePuy.
If you haven’t already heard, DePuy has offered to cover the costs of testing such as blood work, an MRI, and an ultrasound (performed to determine whether your implant is functioning properly), treatment (specifically, a second hip replacement surgery if tests indicate this is necessary), and out-of-pocket costs that may include lost wages, travel expenses, and more. Despite DePuy’s pledge to do the right thing, however, a patient’s best chance of receiving fair compensation from the company lies with filing a hip replacement lawsuit.
In such a lawsuit, known as a product liability case, a plaintiff is eligible to recover two types of damages (money awards). The first, known as “economic damages,” includes the following:
- Medical expenses
- Lost wages/lost earning capacity
- Property damage
- Paying for a caretaker
Basically, any out-of-pocket loss to which a specific monetary amount can be assigned is considered to be a type of economic damage. By contrast, “non-economic” damages include those losses you suffer which cannot be assigned an exact dollar amount, but which you nonetheless deserve compensation for, such as:
- Pain and suffering
- Disability/disfigurement
- Mental anguish/emotional distress
- Loss of companionship
- Diminished enjoyment of life
Although the above damages may be difficult to calculate, they sometimes represent a greater portion of an individual’s recovery than economic damages. But bear in mind that the total amount of damages you are entitled to depends on the nature and extent of your injuries and, just as importantly, the strength of the evidence you and your hip recall lawyer present to prove your claim.
The answer to your question of how much to expect from a DePuy hip replacement lawsuit can also come by way of a comparison. In 2002, Sulzer Orthopedics Inc. agreed to pay $1.2 billion to settle the numerous lawsuits it faced after recalling a defective hip implant. Similar to the DePuy recall, many recipients of the faulty Sulzer hip units required a revision surgery, and those who did received approximately $206,000 each as a result of the Sulzer settlement. Patients who received defective implants but did not require surgery received roughly $1,000 each.
Hopefully, the information above has given you a better idea of how much your claim against DePuy may be worth. But the bottom line is there’s no set amount of compensation ASR injury victims can hope to recover. Ultimately, your monetary award will depend on how badly you were injured, the extent to which your injuries affect your finances and well-being, and the strength of your legal representation. Although the first two factors are beyond your control, choosing an excellent DePuy hip recall lawyer is well within your power. By contacting the Rottenstein Law Group now, you are taking a very important step towards safeguarding your future.