The fallout from the August 2010 recall of defective hip replacement devices manufactured by DePuy Orthopaedics (a division of Johnson & Johnson) has left many patients wondering what to do. Those who were implanted with the ASR XL Acetabular System and/or the ASR Hip Resurfacing system were presented with two options: they could either deal directly with DePuy, through its claims administrator, Broadspire; or hire a hip replacement lawyer to represent them. It is crucial to understand the consequences of each course of action before deciding which one to choose; there are many reasons hiring a hip replacement lawyer is the option patients should consider, rather than dealing directly with DePuy.
Patients considering dealing directly with DePuy should know that demands will be made to gain access to sensitive medical records, as well as the explanted hip replacement device if it was removed during a revision surgery. DePuy plans to use whatever it finds in patients’ records as potential evidence to prove that it is not at fault for the failure of the hip replacement devices. Medical records and the device itself are crucial forms of evidence that need to be preserved while considering whether or not to file a lawsuit.
Patients with insurance coverage most likely did not incur significant expenses for their hip replacement surgeries. Therefore, DePuy is proposing to reimburse “reasonable and customary” charges to insurance companies, rather than disburse compensation directly to patients. This means there is no chance of reimbursement for pain and suffering, travel expenses, or lost wages. Compensation will be paid directly to the patient’s insurance company on a case-by-case basis. The current claim system in place offers little, if nothing, to the patient; insurance companies will likely receive all of the compensation.
Conversely, filing a hip replacement lawsuit includes a demand for damages for pain and suffering, as well as other damages incurred from the defective hip replacement device. Statistics have shown that patients are experiencing severe and debilitating side effects that the claims process is simply ignoring. Consulting a hip replacement lawyer is the best course of action to determine the correct course of action, ensuring that patients receive the appropriate compensation they are entitled to.
The Rottenstein Law Group has set up a Web site to provide DePuy hip recall patients with the information they need to make an informed decision. Litigation proceedings are ongoing, and a hip replacement lawyer can help patients determine whether or not they are eligible to participate.
About the Rottenstein Law Group
The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer product injury, mass tort, and class action law suits. For more information, please visit their Web site at www.rotlaw.com, or call (888) 9-ROT-LAW.