DePuy Hip Replacement Users, Keep Your Legal Options Open
To those who have received one of the two recalled hip replacements of DePuy, the ASR XL Acetabular System and/or the ASR Hip Resurfacing System, your options are a bit limited. The hip replacement recall of their two ASR hip replacement systems this past summer has proven to be meaningless. You can choose to work with DePuy’s claims adjustment system that is working through its agent, Broadspire, or they may choose to consult with a hip replacement lawyer. The pros of consulting a hip replacement lawyer outweighs those of going through the claims adjust system.
One of the reasons why choosing to consult a lawyer is preferable to using DePuy’s claims systems is because the claims systems requires those involved with the hip replacement recall to submit various forms of information to DePuy and its agents. Some of the information that DePuy will require you to submit are your complete medical records and in some instances, your faulty hip replacement. Please remember that both your medical records and the hip replacement are extremely important to you and DePuy can use them as evidence against you if you would choose to file a hip replacement case against them.
However, during recent multidistrict litigation proceedings, DePuy and their parent company, Johnson & Johnson, insisted that those who chose to go through the claims system need not wave any legal rights. However, the claims system can not give the same insurance that a consultation with a hip replacement lawyer could give you. Who would not want to retrieve expenses spent on lost pay, travel expenses, not to mention receiving compensation for the pain and suffering cause while using defective replacements? While in contrast if you decide to go thru the DePuy Claims adjustment system what you are assured of is claims that DePuy will only compensate you for your “reasonable and customary expenses” associated with the recall, but you have to first qualify, which will only be approved by a case-to-case situation. After qualification you will be reimbursed through your insurer rather than being paid directly, causing more administrative costs.
Asking yourself if you should go through with DePuy’s Claims adjustment process? Visit the DePuy hip replacement recall main site for more information.