Tuesday, September 4, 2012



From Childers, Schleuter and Smith law firm web site

It is being reported by Harris Martin that the plaintiffs’ involved in the first three DePuy ASR Hip Implant settlement cases that were previously set for trial in Nevada are now disputing the news reports of the confidential settlement for only $600,000 and/or $200,000 per claim. Because of the confidential settlement terms required by DePuy Orthopedics and Johnson & Johnson in these three cases, the attorneys involved essentially cannot comment on or give the stated the terms of the DePuy ASR settlement unless the confidential terms in the agreement are voided out. In order to set the record straight, according to reports, and in an effort to void the confidential terms pertaining to the settlement amount specifically, the Plaintiffs are asking a Nevada judge for permission to counter what they say are inaccurate details of the settlement amount on each case recently leaked to a media outlet by the defendants or some related party/affiliation to the defendants. It would be very interesting to learn for certain, and an unprecedented action taken, if this turns out to be an intentional act by the DePuy ASR defendants (or someone tangentially related to them or the ASR litigation) to mislead victims about the perceived value of their filed claims. It is too early to form any real opinions just yet on the topic but this will certainly be a carefully watched development and Motion over the next few weeks.


[Yes, this is interesting.  i wonder what the court does if someone intentionally leaked this information?] 


  1. Also of interest, what does a low settlement amount do to their stock price.

    1. I think they were planning on paying out $2 billion in claims etc. If the average settlement is commensurate with this payout estimate, I would assume nothing much will happen. However, if the settlement is considerably larger, the larger the settlement the greater the impact on the parent financials. The analyists have this law suit on their radar