According to reports, some patients who sought compensation through DePuy's ASR claims process are struggling to get the full compensation to which our attorneys believed they are entitled. It has been alleged that patients may be experiencing problems receiving timely and appropriate reimbursements from DePuy, who has hired Broadspire, a thid party administrator, to process the claims. Our attorneys believe that some claimants are being forced to call DePuy repeatedly to ensure their bills are being paid on time, with the possibility that some may incur lower credit scores or have to file for bankruptcy should the company fail to fulfill their claims properly. Furthermore, the terms of reimbursement process only provide for related medical bills, travel expenses and wages lost during treatment, while the amount of damages actually suffered by these patients may be much greater.
If you have been implanted with a recalled DePuy ASR hip implant, our experienced defective medical device attorneys would like to see that you receive full compensation for your losses. We believe that DePuy, along with its team of lawyers and third-party claims processor, will work to see that claimants receive the bare minimum compensation they need to recover financially from their injuries. Our attorneys have dealt in legal matters against major medical device manufacturers and pharmaceutical companies in the past and have the resources necessary to ensure our clients seek maximum compensation for their losses.
To contact our lawyers regarding your hip implant claim, complete our free case review form today - even if you have already filed a claim with DePuy. You may still be able to participate in legal action against the manufacturer to recover compensation for damages.
When a medical device, such as a faulty hip implant, is recalled, the manufacturer will typically create a system for compensating those who were injured as a result of the product. Instead of operating the claims process itself, DePuy, along with its parent company Johnson and Johnson, hired Broadspire Services Inc., a third party administrator of claims. To receive reimbursement, patients who received the recalled ASR hip implants must demonstrate the following to Broadspire:
Then, on a case-by-case basis, Broadspire will determine which claimants are eligible for reimbursement, and how much they should receive if they suspect the patient has not actually suffered as much as they claim.
A New York Times article says that "things have not gone smoothly" for some who elected to receive reimbursement through DePuy’s claims process. It details a case in which a patient received a medical bill totaling more than $41,000 and a call from the hospital stating that it would soon be sent to collections. The patient claims that she called Broadspire several times, when she eventually learned that DePuy had paid $18,000 toward her replacement surgery and the $41,000 was the remaining balance for her procedure.
For patients that rely on the DePuy compensation program for reimbursement, they should be aware that the program only covers related medical expenses, travel costs and wages lost while in treatment, while a lawsuit could seek a greater amount of damages, including pain and suffering. Many patients with the recalled hip implants, particularly those with metal toxicity, may need continual monitoring and treatment especially if their side effects take a few years to fully manifest; however, the reimbursement program does not allow compensation for future medical costs.
If you or a loved one has been implanted with a recalled DePuy ASR hip system, contact our attorneys today for a free consultation. Even if you have already filed a claim with DePuy, we may still be able to assist in helping you recover full compensation for your losses. There is no cost or obligation associated with our online case review.