Just a year ago, in November 2012, officials reported preliminary details of settlements agreed upon for defective DePuy hip replacements. DePuy's mother company, Johnson & Johnson, all but admitted to negligent manufacturing of two of its hip replacement devices: the DePuy ASR Hip Resurfacing System and the DePuy ASR XL Acetabular System.

Specific details  of the 2012 settlement included Johnson & Johnson's goal to resolve approximately 7500 claims, paying nearly $300,000 for each revision surgery that was necessary to replace the defective hip replacement systems. In addition, however, officials said Johnson & Johnson would not be free from future claims against them for lost wages, medical expense, and pain and suffering. 

Then, a week ago, on November 19, courts that are overseeing state and federal joint proceedings approved a defrayal program that significantly differs from the initial terms. Among some of those differences are statute of limitation dates and the amount to be paid out to the injured. Because of these new strict guidelines set forth, many victims of the malfunctioning hip replacement devices are seeking individual counsel for either a greater settlement deal or a chance to be represented in court and have their compensation rate far exceed the $250,000 being offered.  

The stipulations for the Johnson & Johnson settlement program are as follows:

• The settlement program will not bar future lawsuits alleging either of the two hip replacement devices were defective.
• The settlement does not initially appear to make any provisions for DePuy ASR and ASR XL Acetabular patients who have not needed revision surgery, but who may have suffered or are suffering. Nor are there provisions for those who had revision surgery before September 1, 2013. 
• Qualified patients who had revision surgery will be eligible for a maximum compensation amount of $250,000. This may increase in extreme circumstances such as wrongful death, and it can also decrease for some patients depending on different dynamics.
• According to the court, there will be unnamed "practiced experts" determining recompense amounts. Victims who agree to take part in the settlement program do will have the option to appeal a decision if they feel they are being unfairly treated. However, anyone who participates in the program automatically waives their rights to private litigation.  
• At least 94% of all DePuy hip replacement device victims who have made claims must enroll in the settlement program April 1, 2014 for Johnson & Johnson to be required to fund the program.

At this point, many people who are eligible for a hip replacement lawsuit or settlement have much to think about. Reports have said that some are content with the settlement payment, but most medical experts agree that $250,000 is a serious underestimation of what these victims should be receiving considering their injuries, pain, and suffering.