Hi Jeannie, I have written on this under the category on the landing page of the blog "litigation." There have been settlements in prior recalls directly with the patients by the offending party but I am not sure what the circumstances were.
From various legal blogs I just searched/most of these are referring to out of court settlements through a lawyer rather than direct settlements made with the patient without a lawyer.:
(1) Shay Morrigan | October 12th, 2011 | Posted in Depuy Hip Recall
Might a DePuy hip lawyer procure a settlement in MDL?With so many people filing a DePuy ASR hip recall lawsuit, speculation has increased as to whether or not the orthopedics company may agree to out-of-court settlements before the cases start going to trial. Johnson & Johnson, parent company to DePuy, has already set aside millions to cover litigation costs, which may include settlements.
The first bellwether case in the DePuy ASR hip recall MDL has yet to be scheduled. An MDL has also been established in Texas for DePuy Pinnacle hip lawsuits.
(2) DePuy Hip Recall Settlement News
So far, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has only offered compensation to cover medical costs associated with treatment for problems caused by the defective ASR acetabular system.
(3) DePuy ASR Hip Replacement Recall Lawsuits (Blizzard McCarthy)
What Should I Know Before I Have my Defective Implant Removed?
If you know that you have a defective DePuy hip replacement and are intending to have it replaced, there are two very important things to know before having the defective hip implant removed:
- Don’t let yourself be intimidated by DePuy.*
DePuy has been acting aggressively to protect its interests, approaching patients with recalled hip replacements and attempting to persuade them to forego lawsuits in exchange for payment of their medical expenses. DePuy is acting solely in their best interests, not yours. To protect yourself, do not speak with a DePuy representative without an attorney present.
* I deal with the Broadspire (depuy's claims agent regularly and no one has ever approached me with any such offer.
(4) Depuy Hip Recall blog Wednesday, June 29, 2011
Settlements have also been reached out of court, an ideal situation for defendant and plaintiff alike. When an out-of-court settlement is reached, defendants get to keep sensitive information like trade secrets under wraps, and the settlement amount is not disclosed. Plaintiffs get a speedy resolution to their case, while the money they win can help pay medical bills and lost wages on a more immediate basis.
I know there is a case whereby the orthopedics company went directly to the patients. I think I have written about it but I can't recall the case. If you go to this link : http://www.mydepuyhiprecall.com/2011/09/other-hip-recalls-in-2008-stryker.html, you can see the 6 prior cases which I have published about.
I myself have asked the question many times about whether it is best to retain a law firm or just go direct. I don't know the answer.
Anyone who has insight into this question, please let us know.