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.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer again in 2019, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys and a Top 100 Lawyer in Georgia by the National Trial Lawyers in 2019.