An April 1 deadline is looming for roughly 8,000 hip replacement patients who are suing Johnson & Johnson’s DePuy unit over its recalled ASR metal-on-metal hip implant. That is the last day that plaintiffs will be able to opt-in or opt-out of a $4 billion settlement offered by the medical device manufacturer. At least 94 percent of plaintiffs with pending DePuy ASR hip lawsuits must opt-in by April 1, 2014, or the deal will be called off.

Thousands of hip replacement patients have sued DePuy for numerous complications allegedly caused by the recalled ASR hip implant. The DePuy ASR and metal-on-metal hip implants like it were supposed to be safer than traditional hip replacement systems, but have since been described as the “most flawed ever.”

When metal-on-metal hip implants rub together they release metal ions into the surrounding tissue and blood stream, causing not just pain but also the potential for metal poisoning. In many cases, a revision surgery is necessary to remove the hip implant and replace it.

An estimated 12,000 DePuy ASR hip lawsuits have been filed against the J&J-owned company, accusing DePuy of manufacturing and selling a defective medical device that prematurely fails.

DePuy has denied any wrongdoing but agreed to offer a $4 billion settlement to resolve roughly 8,000 cases. Rough estimates state that each individual plaintiff would receive between $300,000 and $350,000 if the settlement is approved.

NBC recently reported on the looming DePuy ASR hip settlement deadline, interviewing some of the plaintiffs to see which way they were leaning. It’s a tough decision and has the possibility to put an end to what’s been a long battle. Scotty MacGregor has been sharing her story with NBC for the past four years. “I really don’t want to accept this out of principle, out of morals, ethics, but also just financially. Financially, I can’t accept it.” While a hip replacement is a tricky surgery to begin with, it’s often more painful and requires a longer recovery period to have a revision surgery. Plus, the added risk of metal poisoning can be deadly.

For MacGregor, she was forced to undergo a second surgery and still struggles to get “back to normal” today. As a Chicago-based flight attendant based, she notes that her job requirements don’t mesh well with such a difficult surgery. The proposed settlement is 181 pages long and hammers out complex math to try to account for the pain many have suffered. It was finalized by putting a dollar amount to surgeries and complications and also addresses certain factors, such as smoking habits and obesity rates, which could have exacerbated hip implant problems.

According to MacGregor and her family, she’s slated to receive about $150,000 should the settlement be accepted. They say it’s “insulting” and doesn’t come close to compensating for five years of opportunities lost, pain and suffering. She says she’s “flabbergasted, stunned, so disgusted; I just felt totally deceived, hurt and let down by the system.”

MacGregor certainly isn’t alone, but there may be enough hip implant victims in the DePuy ASR MDL who just want the whole thing to be done. If the 94 percent level is not reached by April 1, Johnson & Johnson can withdraw the offer. That’s also a scary thought for many in the litigation, since settlements or judgments in the future may not be close to that $4 billion mark. Without the settlement, each plaintiff could have to take on the drug giant one on one in court, which can drag out for years.

David and Goliath

While those like MacGregor may find such a “measly” offer insulting, it might be worth it rather than try and take down a giant of a company without the support of an MDL. MacGregor says she’s not sure if she’s up for that but she also doesn’t want to accept which she considers such a low offer. “What Johnson and Johnson did to one person, it totally changed and altered my life forever. It’s a slap in the face. To me, it’s morally degrading.”

In two individual cases against Johnson & Johnson, a California man won $8.3 million for his faulty hip implant and a Chicago plaintiff lost. The company maintains the offer is fair.

Did You Have Hip Replacement Surgery?

If you or a loved received a metal on metal hip implant after January 1, 2009, and went to experience hip replacement complications such as dislocated hip, metal poisoning, cancer, tissue death, pain or other injury, there’s still time to take legal action against the device manufacturer. These companies have already paid out millions of dollars to victims. Don’t delay – see if you qualify to pursue compensation to cover your medical bills, pain and suffering and other damages.

A Nebraska man is suing DePuy Orthopaedics for the injuries he allegedly sustained from using the company’s metal hip implant.

Plaintiff Richard Bollman claims that as the direct result of using DePuy’s metal-on-metal hip implant, the Pinnacle Acetabular Cup System, he developed serious hip replacement complications including metallosis and non-cancerous cysts, according to his metal-on-metal hip replacement lawsuit.

In order to replace a failing hip joint, Bollman underwent hip replacement surgery to have the metal hip implant inserted on Oct. 15, 2007. Initially, the surgery appeared to be successful and the plaintiff recovered well after the procedure. Unfortunately, soon after the surgery, Bollman reported feeling extreme pain and immobility, which eventually forced him to undergo diagnostic testing.

It revealed that the hip joint area was infected, the device had failed, and he had extremely high levels of metal in his blood, indicating metallosis. Due to the metal hip complications he was experiencing with the Pinnacle device, Bollman underwent revision surgery on Nov. 10, 2010. Bollman says he still contends with severe pain, and now has to contend with limited mobility.

With the revision surgery being more complicated than the initial implantation procedure, Bollman has incurred massive medical debts and has been unable to earn any sufficient income. Bollman’s legal team states that DePuy has financial obligation to their client, because he had suffered these injuries after having their Pinnacle device implanted into him.

Bollman states that at the time he had chosen to use the Pinnacle device, he was not told about the metal-on-metal hip implant side effects he might face. Therefore, he was unable to make a reasonable decision at the time his doctors recommended the Pinnacle device.

Additionally, Bollman states that DePuy had the civil responsibility to warn him and other patients in the United States about the risks their products carry because they rely on the accuracy of the given information. Bollman states that he never would have used the Pinnacle device if he had known about the possible adverse metal hip implant side effects.

The charges against DePuy Orthopaedics include: negligence, false advertising, concealing information, and misrepresenting a product.

The Metal-on-Metal Hip Implant Lawsuit is Richard Bollman v. DePuy Orthopaedics Inc., et al., Case No. 3:14-cv-02268-K, in the U.S. District Court for the Northern District of Texas, Dallas Division. It has been added to the DePuy Multidistrict Litigation, In Re: DePuy Orthopaedics Inc. Pinnacle Device Implant Products Liability Litigation, MDL No. 2244, in the same federal court.

Overview of Metal-on-Metal Hip Replacement Complications

DePuy Orthopaedics first created and marketed the Pinnacle device in the early 2000s, but had started feeling the weight of DePuy lawsuits for its alleged design defects in 2007.

The Pinnacle device is a metal-on-metal hip implant, which was developed with the notion that it would outperform its ceramic and plastic cousins. Based on pre-clinical studies, metal-on-metal hip implants were believed to last longer and had higher durability than the alternative products.

Additionally, these metal hip implants were popular amongst younger patients because they could be custom-fit to their frame, and could handle harsher friction movements like running.

Unfortunately, DePuy and many patients discovered that the Pinnacle device also had the same design flaws as other metal-on-metal hip implants. When the ball-and-socket joint of the artificial limbs would interact, metal ions would be shed into the bloodstream, creating a variety of problems. These complications reportedly included the formation of non-cancerous cysts, metallosis, tissue infection, and device failure.