Thursday, February 2, 2012

So many questions on this topic....... and so many different answers!

Here is another version of the answer to “Just exactly how long is this litigation going to take?” and “How much is my case worth?” from the Sullo and Sullo site.

That’s a hard question, but it is possible that Hip Implant victims may see a settlement of the ASR cases in 2012 but litigation could move into 2013. On value of the cases, that’s a huge question mark and depends on the individual circumstances of each case (within common categories such as extent of lost wages, lost wage earning capacity, whether the ASR has been replaced, differences in state law and the like.) The closest comparison might be the Sulzer hip implant litigation, which took place about 10-12 years ago. Sulzer also had lots of victims but the company only had assets in the U.S. and insurance of $1,000,000,000, all of which it tendered. The Sulzer litigation resulted in settlements ranging from the thousands to the hundreds of thousands of dollars, depending on individual facts. Keep in mind it was a limited asset settlement and it happened 10 years ago. Johnson & Johnson has significant culpability, as well as substantially more assets and insurance. Beyond that, any estimate of the value of the ASR cases is at best an educated guess.

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