The NFL Settlement Appeal and What it Means.

New York, New York – Case Funding a Division of Javlin Capital May 26, 2015

Many NFL retirees believed their long awaited settlements were in clear site, but now, the fog of appeal has obscured their vision. That fog is Craig and Dawn Heimburger, in the 23d hour before the settlement was finalized the couple appealed, likely, in an attempt to be able to receive more settlement money. It’s not that Heimburger won’t receive funds, it’s most likely the amount may not be enough in their eyes.

Heimburger who played in 13 games over 2-3 seasons would be eligible for a NFL settlement amount dependent on his diagnosis. According to the settlement details, offsets are in place for those who played fewer the five years.  Heimburger played in 13 total games but it’s difficult to tell what his offset percentages would be. He would only receive 50-60% of the full settlement amount compared to those who played in 5 seasons or more with the same qualified diagnosis.

The NFL settlement appeal which could take months to review and process, will delay the time frame for players to get their funds. While some players don’t require money right away, there are those who expected this money and will be struggling in the interim.

If you or anyone you know is a former NFL players who is eligible for a NFL settlement. Please contact Case Funding to see your eligibility for pre-settlement financing.  To find out more about what Case Funding offers please call us at (800) 543-4043.

Pfizer’s win with Zoloft and what it really means

What does a win for Pfizer mean when it comes to it’s Zoloft lawsuits? A win for anyone, no matter the context is usually a good thing. It would be difficult for anyone at Pfizer to think this is a bad sign. However, there are still at least 1000 cases or so pending, and not every jury will see the defense’s argument in the same light.

Time is the only factor that will be able to shed light on what actually occurs with the rest of the trials. Zoloft isn’t the only SSRI that’s been brought to the examination table, Paxil, famously saw a billion dollar settlement by Glaxo Smith Kline. Researchers claim that there are links between Zoloft and certain birth defects, similar to other SSRI drugs. Mothers who took Zoloft and saw birth defects in their children will now have to wait and see the next verdicts in the fight against Pfizer’s Zoloft.

For now, Pfizer has a win under it’s belt but that doesn’t mean it’s a bad sign plaintiffs. Prempro, Viox and Paxil all had their fair share of losses and wins on their way to large settlement arrangements. Plaintiffs will now have to hold tight as the next few cases go to jury, perhaps Pfizer will see cases go out of it’s favor and settle but that will take time, years most likely. Case Funding provides financing to attorneys representing mass tort clients as well as certain plaintiffs who have been injured by certain prescription drugs.

In today’s mass tort world, litigation is worth billions but sometimes take years to settle. Case Funding is an expert in underwriting mass tort litigation. We can provide financing to attorneys who are waiting on settlements for mass tort, personal injury and a wide variety of other case types.

To find out more about Attorney Financing, lien purchasing and a wide variety of other lending products please call us at (800) 543-4043 or by submitting the contact form on this page for a prompt response.

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A Brief Look at Mass Torts and Where The Concept Originated

As “Mass Torts Made Perfect” enters its 14th year of existence, it may be time to look at the history of Mass Torts as a whole. Where did it come from, how long has the concept been around and what is the most famous Mass tort of all time?

The idea of Mass Tort, Class Action, MDL or whatever nomenclature you prefer to use when describing the concept, has been around since Medieval England. There are differences between Mass Tort and Class Action but the concept of group litigation has been around for a long time. According to Wikipedia, which uses Stephen Yeazell, a UCLA law professor as a reference, group litigation has been around since about the year 1200. Originally, towns, villages and societal groups would sue based on the actions of common law. Unlike today, the groups were never questioned if it was legal for them to actually group together. 1

In the United States we owe group litigation to Supreme Court Justice, Joseph Story, who famously said in West v. Randall. “It is a general rule in equity, that all persons materially interested in the matter of the bill, as plaintiffs or defendants, out to be made parties to it, however numerous they may be”. The Supreme Court has adjusted the laws pertaining to Mass Tort, Class action and group litigation over the years. However, it remains largely similar today in the sense that a group can sue against one organization as a whole if their accusations are similar. 2

It’s hard to judge what the most famous Mass Tort suit might be, some may say Engle, and others may say big pharma. When drugs were placed on the market with hideous side effects it affected millions of people, is that any different than the effects smoking had on people?  There are many Mass Tort cases that are constantly being litigated every year and to put a most famous sticker on one of them would be a judgement not based on fact.

In today’s Mass Tort world, litigations are worth billions but sometimes take years to settle. Case Funding is an expert in underwriting Mass Tort litigation. We can provide financing to attorneys who are waiting on settlements for Mass Tort, personal injury and a wide variety of other case types.

To find out more about Attorney Financing, lien purchasing and a wide variety of other lending products please call us at (800) 543-4043 or by submitting the contact form on this page for a prompt response.

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Relaxed HOS Regulations for Truckers Raises Concerns of USDOT

Last month, Congress officially passed budget legislation that contained provisions to effectively reverse some federal hours-of-service (HOS) regulations for truckers that had gone into effect in 2013. Specifically, these recent changes to HOS regulations for truckers went into effect with the approval of the Consolidated and Further Continuing Appropriations Act of 2015, enacted on December 16, 2014.

With these changes:

  • Some of the provisions of the Final Rule for HOS regulations for truckers have been negated.
  • Truck drivers are now, once again, allowed to work 82 hours in a given week (as enforcement of the 34-hour restart period has been suspended).

Opposition to Changes in HOS Regulations for Truckers 

Congress’ recent approval of relaxed HOS regulations for truckers has been met with much criticism from federal transportation safety officials. Here’s why.

Congress’ recent approval of relaxed HOS regulations for truckers has been met with much criticism from federal transportation safety officials. Here’s why.

Congress’ move to alter federal HOS regulations for truckers has culled much criticism from federal safety regulators, as well as grassroots public safety organizations.

Among the most prominent parties opposing this change has been U.S. Transportation Secretary Anthony Foxx, who has been vehemently opposed to any changes that would relax requirements that truckers get at least two overnight rest periods between their driving “work weeks.”

In fact, as Foxx noted in a letter sent to the senior members of Congress in early December:

The evidence clearly shows that truck drivers are better rested and more alert after two nights of sleep than one night, and that unending 80-hour work weeks lead to driver fatigue and compromise highway safety.

ATA Backs Changes to HOS Regulations for Truckers

Supporting Congress’ changes to federal HOS regulations for truckers is the American Trucking Association (ATA), among others. In fact, as Sean McNally, a spokesperson for the ATA, has explained:

  • The recent changes to federal HOS regulations for truckers would let commercial drivers use the 34-hour rest period more than one time per week.
  • The vast majority of drivers surveyed by the ATA showed that, generally, truckers drove for an average of 52 hours per week, with only about 2 percent of surveyed truckers admitting to driving 61+ hours weekly.

Will New HOS Regulations for Truckers Impact Public Safety?

While regulators, the trucking industry and others continue to weigh in on the recent changes to HOS regulations for truckers, it remains to be seen if and how these changes may:

  • Impact truck driver fatigue
  • Effect the incidence of truck accidents in the U.S. in 2015.

As more reports and findings regarding trucker fatigue, changes to HOS regulations for truckers and the incidence of truck accidents in the U.S. become available, we will report them to you here.

Truck Accident Lawsuit Funding at Case Funding

If you or your law firm is litigating any type of truck accident and needs financial litigation support, contact Case Funding to learn more about our lawsuit funding services.

Based in New York City and Reno Nevada, with legal and accounting resources in New Orleans, Louisiana, Case Funding Inc. is one of the largest legal finance companies in the nation and an industry leader that provides pre-settlement lawsuit funding to individuals involved in personal injury lawsuits, product liability lawsuits and other litigation throughout the USA. Case Funding is a subsidiary of a public company with substantial financial resources and operates to the highest ethical, legal and business standards.

To find out how more about how we can help you, call one of our specialists at (800) 543-4043 or by submitting the contact form on this page for a prompt response.

Newer Vehicle Safety Features Lead to 25% Drop in Fatal Car Crashes

Over the past decade, there has been a nearly 25 percent decline in the incidence of fatal car crashes in the U.S. This  might be due to new safety features in the latest models of vehicles, as some auto industry experts have recently reported.

This news is certainly welcome by regulators and the American public alike. However, what may be one of the most interesting aspects of this finding lies in the helpful role of vehicle safety equipment, particularly in light of some of the more massive vehicle recalls that occurred in the U.S. in 2014.

A Breakdown of the Statistics: How Fatal Car Crashes Decreased

Taking a closer look at the statistics compiled by officials at the NHTSA, here’s a breakdown of the numbers:

  • Federal safety regulators at the NHTSA have noted a 25% drop in fatal car crashes in the U.S. over the last decade. Improved vehicle safety features have largely contributed to this, some say.

    Federal safety regulators at the NHTSA have noted a 25% drop in fatal car crashes in the U.S. over the last decade. Improved vehicle safety features have largely contributed to this, some say.

    Over the past 10 years, the latest models of vehicles released by automakers each year have consistently been associated with a lower fatal vehicle crash rates than older models.

    In fact, in 2013, vehicles fresh off of the manufacturing line had far less fatal car crashes associated with them than the same model vehicles that were made even just a few years prior.

  • The biggest drop in fatal car crashes has been noted for smaller passenger vehicles and light trucks.
  • From 2012 to 2013 (the most recent year for which statistics regarding fatal car crashes in the U.S. are available), the incidence of traffic accident-related deaths dropped by more than 3 percent.
  • Over this same period of time, the rate of injury-related car accidents in the U.S. dropped by just over 2 percent.
  • Since 2006, there has been a continued drop in fatal car crashes in the U.S. (with the notable exception of the increase reported in 2012).

According to many auto experts, one of the primary contributing factors to these important drops in roadway deaths and injuries has been the newer electronic stability control systems in vehicles. In particular, newer models of these safety systems have helped prevent vehicle rollovers, and this has, in turn, led to far less fatal car crashes in recent years.

Other Factors that May Have Contributed to Less Fatal Car Crashes

While transportation safety professionals have noted that the significant improvements in vehicle safety features have led to impressive drops in fatal car crashes over the past decade or so, they have also been quick to point out that a number of other factors may have also played a role in these statistics.

In particular, the following are just a few of the factors that have also been noted as likely contributing to the 25 percent drop in fatal car crashes over the past 10 years:

  • Improvements in and increased use of child car safety seats
  • Increased compliance with wearing seatbelts
  • The development of graduated driver’s license (GDL) programs for teens and other new drivers.

Motor Vehicle Accident Lawsuit Funding at Case Funding

If you or your law firm is litigating any type of motor vehicle accident case and needs financial litigation support, contact Case Funding to learn more about our lawsuit funding services.

Based in New York City and Reno Nevada, with legal and accounting resources in New Orleans, Louisiana, Case Funding Inc. is one of the largest legal finance companies in the nation and an industry leader that provides pre-settlement lawsuit funding to individuals involved in personal injury lawsuits, product liability lawsuits and other litigation throughout the USA. Case Funding is a subsidiary of a public company with substantial financial resources and operates to the highest ethical, legal and business standards.

To find out how more about how we can help you, contact one of our specialists today by calling (800) 543-4043 or by submitting the contact form on this page for a prompt response.

When to say NO to Your Plaintiff’s Advance Request

Did you know that Case Funding is the one of the only lenders in the industry that offers law firm lending, medical funding, and plaintiff advances all under one roof? All three products grew organically from the feedback of PI attorneys on what they need to practice law today. The plaintiff advance is one of them, something all PI attorneys usually can’t avoid. After 15 years of operation in the US, the service has really begun to come of age and experiences both good and bad have been had by the community. In some cases, unscrupulous lenders have burned plaintiffs by doing advances that shouldn’t have been done. Meanwhile others have seen lawsuit funding swoop in and come to the aide of plaintiffs who greatly benefited from the service.

So, how should you respond when your client presents you with an advance request? Here are the top 5 times to say ‘NO’ that other funding companies may not tell you:

#5: When your plaintiff has another means to get the funds they need, say no.

Lawsuit funding companies exist to serve those plaintiffs who have no other options. For plaintiffs who have exhausted all credit/loan options, have no health or other supplemental insurance to cover their expenses, or even relatives willing to help in their time of need, then non-recourse lawsuit funding can serve as their only lifeline. However, because plaintiff advances are non-recourse, they are one of the more expensive options. Why? Fees associated with advances are high to balance the cost of losses – allowing funding companies to keep their doors open. They fill a necessary place to give plaintiffs with no other options a fighting chance against deep pocketed defendants.

#4: When a case is at a very early stage and likely to persist for a substantial period of time, say no.

A plaintiff becomes eligible for lawsuit funding once a complaint has been filed. If you are confident that the case will resolve within a reasonable amount of time, than lawsuit funding may be a good option for your client. However if the case will take many years to decide, then it may be best to wait until the finish line is closer. Fees on a lawsuit advance accumulate monthly and the goal of all parties is to make sure the plaintiff recoups a substantial settlement or judgment amount after their attorney fees and liens have been paid.

#3: If you believe there is a very large settlement range, say no.

Even the shrewdest attorneys have been surprised at the outcome of a case. It comes with the territory Case Funding understands this nature of law practice. This is why non-recourse terms can be a very advantageous feature of the funding service. However, it is also possible to reach a settlement or judgment that is far from expectactions and you and your client may be left with far less than hoped for. If there are factors beyond your reasonable control that you believe make evaluating the dollar amount of the case unclear, then it is better to hold off until there is a clear picture of the timing and outcome of the case.

Case Funding is known as one of the industry’s most conservative funders, and one of the reasons we are is to avoid that ‘way less than expected’ scenario. Each request is reviewed by an attorney underwriter with years of PI experience, and evaluated considering the ‘worst-case’ scenario. We will never approve an advance to a plaintiff where we believe the LTV or ‘loan-to-value’ of the advance is too large to enable the plaintiff a fair compensation at settlement.

#2: If the funding contract seems vague or contradictory, say no.

A good plaintiff advance contract should clearly state the terms and payoff requirements of the funding. Industry leading funders have had established ethical standards and rules that self-regulating funders have  adhered to for years. These standards are publicized and developed most notably by the American Legal Finance Association (ALFA), a 31 member organization. Funders who follow best practices aim to present plaintiffs and their counsel the terms of the agreement in the plainest possible language with clear payoff scenarios. Your client’s contract should clearly show:

  • All fees.
  • An annualized percentage rate.
  • A repayment schedule.

The funding contract used by Case Funding was written with the goal of allowing plaintiff’s attorneys to quickly navigate through the terms and accurately convey them to their clients.

#1: If you suspect your plaintiff will use the funds on non-necessities, say no. 

Lawsuit funding is a great resource available to plaintiffs to make certain the client can remain stabilized during the course of the case. Making mortgage or rent payments, and getting food on the table – these are really the essentials that lawsuit funding exists for. Unfortunately, not all plaintiffs are gifted with a propensity for managing their money. Putting a down payment on a non-essential second car, taking a vacation, or any other item that may increase your client’s monthly living expenses and/or is non-essential should be advised against.

Case Funding offers attorneys ways to help clients avoid financial mistakes with lawsuit funding. For example, if the funds are meant for medical treatment or surgery, Case Funding can make arrangements to pay medical providers directly. If the funds are for living expenses, Case Funding can even make incremental disbursements to your plaintiffs to ensure the money will last as long as it was originally intended to.

Ready to talk to a finance specialist about how Case Funding can help you find the financial programs you need? Fill out the nearby form or call (888)-248-2866.

Case Filings Grow as Two Year Anniversary of Granuflo Recall Looms

fresenius-medical-careMarch 29th marks the two year anniversary for the Granuflo recalls, begun in 2012. Cases for victims who suffered one or multiple catastrophic cardiac events due to the use of the drug, whether they survived or that resulted in the wrongful death of the victim, will have strong cases if filed before the deadline. Currently, Fresenius Medical Care (FMC) is facing more than 515 GranuFlo lawsuits filed on behalf of patients nationwide on the premise of failure to warn. This number is expected to continue to climb in the coming months due to Judge Kirpalani’s recent approval of a Master Complaint and a Short Form Complaint for use in filing new GranuFlo lawsuits.

These new complaint forms were officially approved for use in a Case Management Order issued on December 23, 2013. They are intended to facilitate the filing of new cases, as they explain all of the allegations charged against FMC in the ongoing GranuFlo litigation. Specifically, while the Master Complaint details the various allegations that injured patients have set forth against FMC, the Short Form Complaint is where plaintiffs can specify the nature and extent of their alleged GranuFlo injuries, as well as which allegations from the more in-depth Master Complaint they will be arguing during future trial proceedings.

Solutions for Attorneys with Granuflo Claims

Finance Programs for Awareness Campaigns: Law Firms and Attorneys who are committed to helping victims of GranuFlo and their families and are in need of financing to launch an awareness program before the 3/29 recall anniversary can inquire about Case Funding’s fast-track/low-doc finance program to cover management and advertising expenses related to their campaigns.

Case Cost Funding: Attorneys looking to cover related case expenses for one or many GranuFlo cases (covering costs related to GranuFlo expert witness fees, medical records processing, filing fees, consultation services and more) can talk to our Financing specialist about designing a loan facility for your needs.

Plaintiff Advance Services: Case Funding is an experienced provider of plaintiff advances for victims in need of funds to withstand the course of their case. Talk to a plaintiff advance specialist if you would like to find a dedicated provider of advance services for your GranuFlo plaintiffs.

For more information, complete our form to the right or call 1 (800) 543-4043.

 

Bayer Continues To Settle Yaz/Yasmin/Ocella Cases

Bayer AG Logo

Bayer AG, manufacturer of Yaz/Yasmin and Ocella

To date, settlements in thousands of Yaz, Yasmin and Ocella cases have been reached and it is estimated that Bayer, the drug manufacturer, has paid out over $1 Billion to more than 6,000 injured women across the country, for an average of approximately $209,000 per plaintiff.  Of course, this number will vary depending on the severity of each plaintiff’s injuries.

It has been claimed that the birth control pill (commonly known as Yaz, Yasmin and Ocella) causes blood clotting issues as well as gallbladder injuries.  For gallbladder injuries, which Bayer maintains is not linked to the drug, a settlement has been reached whereby plaintiffs could receive $2,000 for a documented injury and $3,000 for those who have had their gallbladder removed.  There are reports that indicate that this settlement will be capped at $24 Million.

As aforementioned, the cases involving blood clots, are settling for much higher amounts.  There are three types of injuries (linked to blood clotting) that Bayer is currently settling.  They include Pulmonary Embolism, Deep Vein Thrombosis (DVT) and/or stroke.  While Bayer continues to settle on a case by case basis, there is no indication that settlement amounts will vary from what we have seen to date.  Women suffering any of these injuries can still bring a claim against Bayer and may want to seek immediate legal advice.

As one can only imagine, women around the country have been seriously affected, both physically and financially.  In an effort to relieve some of the financial strain caused by these sometimes debilitating injuries, Case Funding has, and continues to provide financial assistance to those injured.

Cash Advance for product liability:

If you or a loved has been injured, has a lawyer and a product liability claim, you may be eligible for a pre-settlement cash advance from Case Funding Inc. Money is available in the form of a cash advance – it is not a loan, and the funds can be used for any type of living expenses, rent and car payments or for medical treatment.

Our Services – Pre-Settlement Lawsuit Funding

Call Case Funding now at (800) 543-4043 to speak to a lending specialist for a FREE no obligation evaluation to see how much money you may be eligible to receive. There are no up-front fees, no credit checks and no monthly payments. If you lose your case, you owe NOTHING!

Case Funding Inc. is a New York based specialty finance company and industry leader in providing litigation funding solutions to attorneys, law firms and personal injury and product liability victims. Case Funding also purchases and factors medical liens. Working capital loans enable attorneys to invest in their cases and to pay for items such as expert witnesses and litigation support costs, operating expenses, business development and marketing campaigns and better manage cash flow overall. Selling medical liens allows medical providers to immediately improve their cash flow, reduce overhead and eliminate bad debt risk. Plaintiffs can receive funding for personal and other living expenses while they wait for their case to settle.

FMCSA Audit Could Create New Challenges for PI Attorneys

The Federal Motor Carrier Safety Administration (FMCSA) may soon be facing an audit of its programs and oversight capabilities that could uncover some serious flaws in the agency’s regulation of the trucking industry. Since many personal injury lawyers rely on the FMCSA’s regulations and ratings to establish when trucking companies may have been negligent, any problems that are uncovered in this audit could have significant repercussions on how truck accident lawyers build and litigate their cases in the future.

The audit, which has yet to be approved by the U.S. Transportation Secretary Anthony Foxx, has been recommended by officials at the National Transportation Safety Board (NTSB). This recommendation was specifically made in the wake of four fatal truck accidents that collectively killed 25 people and injured 83 others within the past year.

The NTSB Investigation

According to officials at the NTSB, “safety deficiencies and noted red flags had been present [at the responsible trucking companies] prior to the crashes.” While the red flags went unnoticed by FMCSA officials in some cases, in others, the FMCSA had noted the red flags but failed to take action to rectify them. In fact, in their preliminary investigations, NTSB officials had found that, in some cases, trucking companies that had been operating poorly and had been violating numerous federal regulations were given “Satisfactory” ratings and allowed to keep operating – and to ultimately be responsible for causing fatal truck accidents.

Some of the specific red flags that were uncovered by the NTSB’s investigations into the four trucking companies responsible for the above-mentioned fatal accidents included:

  • Hours-of-service violations (including falsifying trucking logs and keeping two logs)
  • Use of tires not rated for highway operation
  • Defective brakes
  • Failing numerous roadside vehicle inspections

These findings have led NTSB officials to question the “thoroughness and quality” of the FMCSA’s compliance reviews and to question the agency’s methods of only focusing on a discrete sector of trucking carriers’ operations.

Is the FMCSA Living Up to Its Mission?

In one of our recent blogs, we raised similar questions regarding the FMCSA’s performance and whether it’s living up to its stated purpose of “saving lives and reducing injuries by preventing and minimizing the severity of truck and bus crashes.” While that discussion had found that the FMCSA’s efforts had led to a reduction in the number of fatal truck accidents that have occurred over the past decade, those numbers were generated by the FMCSA – not a third party – and, as a result, could be suspect.

As a possible FMCSA audit threatens to take a tough look at the agency’s policies and practices, Case Funding will continue reporting on how this audit could affect federal trucking regulations and oversight, as well as personal injury lawyers and their clients.

Case Funding Provides Financial Support to Uninsured Motor Vehicle Accident Victims

We offer medical and surgical funding programs to assist car and truck wreck victims who don’t have adequate health insurance to pay for medical procedures relating to injuries sustained in their automobile accident.  Leveraging its existing medical funding programs and its sponsorship of Association of Plaintiffs Interstate Trucking Lawyers of America (APITLA), Case Funding Inc. has been able to provide financial support to a growing population of motor vehicle accident victims and their families in desperate need of medical care.

Case Funding is providing a very important service to the clients of our membership – one that is not available to them now and is desperately needed” according to Dan Ramsdell, founder and president of APITLA.  “We are thrilled to have Case Funding Inc. as one of our premier sponsors”.

The National Highway Traffic Safety Administration (NHSTA) reported that there were 5,338,000 police-reported traffic accidents and 2,217,000 traffic related injuries in the US and 32,367 traffic-related fatalities, which is a 2 percent decrease from 2010. 89 people died each day in motor vehicle accidents each day on average.

Case Funding Inc. can provide financing to uninsured or underinsured accident victims that can be to pay for medical care relating to injuries sustained in their motor vehicle, car and truck accident.

We are proud of the fact that we help individuals get the medical care they need” proclaims Richard Silverstein President and CEO of Case Funding Inc.  “We have been able to help out hundreds of individuals since we began this program and the list is growing every day.”

Through Case Funding’s work with APITLA and it lawyer membership base, more victims have become aware of it services and more sufferers have been assisted.

J&J Will Propose a $4 Billion DePuy Hip Implant Settlement for Injured Plaintiffs

DePuy of Johnson & JohnsonJohnson & Johnson manufacturer of DePuy Orthopedics Inc., ASR Hip Implant Products will reportedly propose a $4 billion DePuy hip implant settlement to resolve more than 7,500 lawsuits that have been filed against the company in both state and federal courts, according to sources connected to the deal. These sources have chosen to remain anonymous because the official announcement of this settlement is expected to occur sometime next week in a federal court in Toledo, Ohio, where it will await approval from U.S. District Judge David Katz. Judge Katz is overseeing federal DePuy litigation (In re DePuy Orthopedics Inc., ASR Hip Implant Products Liability Litigation, 10-MD-2197).

Terms of the Settlement

Once officially proposed, the multi-billion dollar settlement will mark the largest settlement for a medical device in U.S. history. According to the terms of the settlement, however, at least 94 percent of the plaintiffs must agree to accept the offer – otherwise, Johnson & Johnson may pull this settlement offer off the table. If that happens, all of the cases would proceed to trial.

It’s important to point out that the proposed $4 billion DePuy hip implant settlement is uncapped, which means that it would allow future plaintiffs to file claims against Johnson & Johnson to seek compensation for alleged DePuy complications. Additionally, this settlement offer is not associated with the approximately 4,500 DePuy hip implant lawsuits that will be handled in a second round of litigation; these remaining cases pertain to plaintiffs who may need future revision surgery.

According to the sources, the plaintiffs who choose to accept Johnson & Johnson’s settlement offer will, on average, receive payouts of about $300,000. The precise amount of the payouts to each plaintiff will specifically depend on the severity of the plaintiff’s injuries, the plaintiff’s age and the number of revision surgeries the plaintiff had to undergo as a result of his hip implant complications.

As additional news of this groundbreaking settlement offer becomes available, Case Funding Inc. will continue reporting on how it may impact the plaintiffs in these cases.

Lawsuits Allege Serious Hip Implant Complications 

To date, about 12,000 DePuy hip implant lawsuits have been filed against Johnson & Johnson in the U.S. These cases all generally contend that Johnson & Johnson failed to conduct adequate safety testing on the DePuy hip implants and that the company was aware of the implants’ significant rates of failure and, yet, failed to sufficiently warn the public about them.

In fact, while some research has indicated that the DePuy hip implants have a failure rate of about 12 percent within 5 years of implantation; copies of some of Johnson & Johnson’s internal documents that have been obtained by the plaintiffs reveal that the company was aware of a failure rate of about 37 percent within 4.6 years of implantation.

As such reports became public, in 2010; Johnson & Johnson issued a worldwide recall of its DePuy hip implants, which affected a total of 93,000 units – with about 37,000 of these being in the U.S.

About Case Funding Inc.

Case Funding Inc. is a New York City and Nevada based specialty finance lender and industry leader in providing litigation financing to attorneys, law firms and personal injury and product liability victims. Case Funding also finances medical procedures for injury victims who are underinsured or who do not have medical insurance at all. Working capital loans enable attorneys to invest in their cases and to pay for expert witnesses and litigation support costs, operating expenses, and business development and marketing campaigns and to better manage their cash flow overall.

Case Funding factors and purchases medical liens from doctors, surgery centers and radiology centers. Selling or factoring medical liens allows medical providers to immediately improve their cash flow, reduce overhead and eliminate bad debt risk. Plaintiffs can receive funding for personal and other living expenses while their case is pending keeping them from being pressured into settling their case for less than its full value.

To learn more about our various legal funding solutions, call our legal finance specialists at (800) 543-4043. You can also email us using the form at the top right-hand side of the screen.