After DePuy Orthopaedics recalled its DePuy hip implants on August 26, 2010, citing the high failure rates, DePuy hired Broadspire Service Inc., a third party claims administrator, to handle the administrative details necessitated by the DePuy hip recall.

DePuy seems to be placing a great deal of responsibility on Broadspire.  In particular, DePuy has asked Broadspire to “evaluate patient claims and to reimburse them for the expenses they incur in the course of their treatment.”?

DePuy is also seeking to have Broadspire help in gaining control over DePuy hip “explants”?–implants that are removed in “revision” surgery.  These explants will be key pieces of evidence in litigation against DePuy.

Toward that end, DePuy and lawyers representing individuals who have claims against DePuy because of their DePuy hip implants are negotiating about the procedures to follow when a patient has his or her DePuy hip implant removed.

In a hearing held early in February by federal district court judge David A. Katz of the Northern District of Ohio, who is overseeing all of the DePuy hip recall cases filed in federal district court, an attorney for DePuy, Robert Tucker, said that the company is “committed to working out a protocol that both sides will agree to.”

Lawyers representing individuals with DePuy hip implants recognize that the DePuy hip implant, once removed, and the surrounding tissue will be crucial evidence in a person’s lawsuit against DePuy.  Among other things, examination of the actual DePuy hip implant, a metal-on-metal medical device, will be able to demonstrate the amount of wear and can help experts to understand the extent of the damage caused by that DePuy hip implant to the person in whom it had been implanted. Patients should understand that they have the right to the DePuy hip implant once it is removed, and to their own tissue.

Anyone who is having revision surgery to remove their DePuy hip implants should be cautious when speaking with Broadspire or allowing Broadspire access to records or the actual DePuy hip implant. A person who is having or who will have revision surgery to remove a DePuy hip implant is best advised to have legal counsel review any documents that Broadspire, or DePuy, might ask to be signed.

DePuy Hip Recall Lawsuit

If you or a loved one has experienced any problems as a result of a DePuy hip implant, you may be able to file a lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our lawyers today for a free and confidential DePuy hip recall lawsuit evaluation.  

Published November 17, 2011 by