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Illinois plaintiffs could benefit from hip implant settlement

Time can be a tool for offense or defense in an Illinois liability lawsuit. A plaintiff in pursuit of a defective products' verdict not only runs up a defendant's legal costs but also keeps the case alive in the public eye. Media attention is the last thing a negligent manufacturer wants to affect a company's bottom line. Settlements help defendants avoid prolonged brand damage.

A defendant also may use time as a legal weapon. Dragging out a product liability court fight depletes a plaintiff's energy and resources. Drawn-out litigation can and does frustrate plaintiffs' efforts to receive compensation for negligence.

There's no doubt the largest health-care product maker on the planet has the ability to withstand a lengthy court battle, but Johnson & Johnson may be as sensitive as any other business to continued bad publicity. Reports say the company wants to settle thousands of defective hip implant lawsuits in one fell swoop.

More than 11,000 lawsuits were brought against Johnson & Johnson when hip implants caused consumer injuries. Insiders say the product maker is prepared to pay $3 billion to settle the claims.

Reports state Johnson & Johnson's massive "global" offer is contingent upon the verdicts in seven cases on court dockets between now and January, including a Chicago lawsuit set for December. J&J has sunk nearly $1 billion into corrective measures and more for legal costs, including an $8.3 million payout for a negative verdict in a single implant trial.

Thousands of lawsuits were filed against Johnson & Johnson's DePuy division after the 2010 recall of 93,000 hip implants made of metallic elements. An enormous number of device failures resulted in patient pain and additional surgeries. More than one in 10 implants failed.

Medical product liability settlements are complex. Satisfactory terms are required for both sides which, for plaintiffs, can include special consideration for extreme personal suffering.

Source:  bloomberg.com, "J&J Said to Weigh $3 Billion Settlement of Its Hip Implant Cases" Jef Feeley & David Voreacos, Aug. 21, 2013

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    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....-Jeff D.

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    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....- Dave

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    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.-Jennifer

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    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day...-Larry

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    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.- Tyler D.

  • "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.- Karen K.

  • "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends.-Dan H.

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