Following the August 2010 DePuy ASR hip recall, the company contracted with Broadspire, a subsidiary of Crawford & Company. Broadspire is a third party insurance adjuster charged with the handling of claims initiated by those who received the defective DePuy ASR artificial hip implants. To promote settlements and deflect the potential onslaught of litigation, the Johnson & Johnson subsidiary created a website to inform those affected by the DePuy ASR artificial hip implants about the claims process and the expenses DePuy intends to cover. On the surface, the website appears to provide an effective and easy alternative for victims to receive compensation for their injuries without having to file a lawsuit; however a careful review reveals a mirage of red flags and superficial promises.

Assessing the Extent of Reasonable and Customary Costs

Although the company claims that it is committed to providing patients and surgeons with information and support to deal with the recalled DePuy ASR artificial hip implants, upon closer examination, the website fails to clearly identify the “reasonable and customary costs”? it “intends”? to cover associated with testing and treatment, including what it deems a “necessary”? revision surgery to be. While at first glance, this may seem like an appropriate or even admirable undertaking, the company intentionally fails to provide any assurances. For example, even if an individual contacts Broadspire to initiate a claim, there is no guarantee that he or she will be reimbursed. Specifically, the website states that initiating a claim, “will allow DePuy to process other reasonable out-of-pocket costs, such as lost work time and travel expenses, which may be reimbursed. These costs will be more clearly defined shortly and are subject to review on a case-by-case basis.”? In other words, not only is reimbursement purely discretionary, but it is not even clearly defined. Such a statement is nothing more than a carefully drafted disclaimer.

DePuy ASR Artificial Hip Replacement Lawsuit

If you or a loved one has experienced any problems as a result of a DePuy ASR artificial 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 ASR artificial hip lawsuit evaluation. The lawyers at Bernstein Liebhard LLP have extensive litigation experience, and have recovered billions of dollars for their clients. In addition to being staunch advocators for your claim, our DePuy ASR artificial hip replacement injury lawyers also provide personal attention to guide you through the complex litigation process.

Published November 17, 2011 by