The San Francisco Superior Court issued a notice on Jan. 10, stating that a trial date will be scheduled in the next 120 days for DePuy hip implant lawsuit plaintiff Gary Darling, a California man facing non-small cell lung cancer. In his complaint, Darling states that his DePuy hip replacement system failed after just two years.  His expedited trial will allow him as much time as possible out of court so that he can enjoy time with his family.

Johnson & Johnson has been on the wrong end of endless hip implant lawsuits concerning its metal on metal hip replacement systems, and has already agreed to pay over $2.4 billion in settlements with patients. Though Darling’s cancer is unrelated to his hip implant, Johnson & Johnson may be sending one DePuy hip settlement earlier than expected. On average, each hip implant sufferer receives about $250,000 in compensation if their case is settled.

Johnson & Johnson’s DePuy ASR device has been shown to prematurely fail, leading to dangerous, painful and costly replacements and even metal poisoning. It was supposed to be different than the metal on metal (MOM) hip implants of yore, and was technically not a MOM device even though it had MOM components. However, it turns out that it is just as risky as previous models, but hip implant victims say that J&J intentionally under-warned about the device.

In Darling’s case, he opted for the DePuy system in October 2008 but didn’t start to feel pain until the summer of 2010. In July 2011, Darling had revision surgery and still suffers from pain, discomfort and a lack of normal range of motion in his left hip. He filed his initial hip implant memorandum request on Dec. 27, 2013 in an effort to expedite the process.

J&J Offers DePuy Hip Settlements

In November 2013, the settlement program was announced for the DePuy ASR system, which will lead to the resolution of around 8,000 cases. Only hip implant lawsuits filed by those who required hip revision surgery before August 31, 2013 qualify for this specific hip implant multidistrict litigation (MDL). (See if you qualify here.)

Even as plaintiffs, nobody is “required” to accept a settlement, but for the most part that’s what’s in the best interest for them. However, this deal does require that a minimum of 94 percent of victims who are eligible agree to a hip lawsuit settlement no later than April 1, 2014.

If this doesn’t happen, Johnson & Johnson as well as their subsidiary DePuy Orthopaedics have the option of backing out of the agreement. In this case, settling is a win-win for everyone involved and will lead to fast, fair compensation without dragging out trials for years. Hip implant patients have already gone through enough, and many are eager to get things taken care of quickly.

Darling is also hoping to help financially buffer his family and loved ones with this settlement, leaving behind an inheritance which can help those close to him transition as smoothly as possible during their grief.

Darling received his diagnosis of stage III inoperable lung cancer on February 21, 2013. At the moment, he’s a hospice patient and the biggest concern of his family and loved ones is that his end of life is as comfortable as possible— and this includes being minimally bothered with paperwork. Darling is just one of many victims of the faulty hip implant, although at the moment he’s the only patient also facing terminal cancer.

If the overall DePuy hip settlement is approved, the majority of claims will be settled, but it won’t encompass all of them. There will still be those who decide not to settle and then there are those had had their replacement surgery prior to August 2013 and have yet to enter litigation. There’s also the possibility that future victims who haven’t spoken up yet or who haven’t realized they have a faulty device may file their own hip implant MDL.

Darling is an example of a patient who had the implant for years before noticing anything was awry—and the side effects of metal poisoning can also take years to catch. It’s a long road ahead for Johnson & Johnson.

Setting the Standard

Before this DePuy hip settlement agreement was confirmed, there were only two DePuy cases which had ascended to trial around the country. In California, one jury awarded $8.3 million in 2013 for damages and there’s another trial in Illinois which ended in a defense verdict around the same time. For those wondering if they qualify for a hip implant lawsuit, it’s easy, fast and free to find out.

Undergoing an initial hip implant surgery is stressful enough without adding a faulty device into the mix. Whether J&J knew about the hip implant risks and kept mum, there wasn’t adequate testing done, or the company simply failed to properly warn about the hazards, there’s no excuse.

Did You Get a Faulty Hip Implant?

Are you one of the many people who got a hip implant with MOM components and needed revision surgery? If so, you likely qualify for a hip implant legal claim and might deserve compensation. Find out more at the Metal on Metal Replacement Hip Implant Class Action Lawsuit Investigation. After you submit your information, an attorney will contact you if you qualify for a free hip implant claim review.