Individuals impacted by the July 2012 recall of Stryker Rejuvenate and ABG II modular hip stems may soon be receiving a letter from their doctors with information about the Broadspire Stryker claims program.  Recently,  Stryker announced that it had engaged Broadspire Services Inc., a third-party claims administrator, to address patient expenses related to the recall. Bernstein Liebhard LLP has extensive experience with Broadspire Services, as the company was retained by Johnson & Johnson to handle claims stemming from the 2010 DePuy ASR hip recall.  Individuals who receive a Stryker letter from their doctor with information on the Stryker Broadspire program may wish to talk with a lawyer  before contacting  Broadspire  to ensure their legal rights are protected.  If you contact or are contacted by Broadspire in any way, please keep in mind that any information you disclose could be used as evidence in your Stryker hip recall lawsuit.

Stryker Broadspire Claims and the Stryker Rejuvenate Recall

The Stryker Rejuvenate recall was announced after data indicated Rejuvenate and ABG II modular hip stems were vulnerable to fretting and corrosion at the modular-neck junction.  Some 20,000 hip implant components were involved in the recall, and Stryker warned patients with the affected devices that they were at risk of developing adverse local tissue reactions that could manifest with symptoms of pain and/or swelling.   Stryker has since advised doctors to consider performing a clinical examination, such as blood work and cross section imaging, on all patients who received one of the affected hip implants, regardless of whether a patient is experiencing symptoms.   According to Stryker, the company has received reports of patients with mild or no symptoms that have tested positive for elevated metal ion levels or been diagnosed with adverse local tissue reaction.

Recently, information was posted on the Stryker hip recall website advising patients that Broadspire Services had been commissioned to work directly with patients to administer their claims for injuries caused by the defective hip components.  The Stryker Broadspire notice states that: “Stryker will be reimbursing patients for testing, treatment, revision surgery, if necessary, and other costs relating to this voluntary recall.”  An accompanying FAQs detailing the Stryker Broadspire claims program for doctors directed physicians to submit bills for uninsured patients, as well as co-payments and deductibles, directly to Broadspire.  The FAQs further stated that the company had created a sample letter physicians could use to inform patients about the program.  If asked, the FAQs directed doctors to inform their patients that Broadspire would be working directly with patients on their claims, and to contact Stryker for more information.

What to Keep in Mind about BroadSpire Stryker Claims

Before you begin navigating your way through the Broadspire Stryker claims process, there are some important things you should keep in mind.  The Stryker website states that the company will be “reimbursing patients for testing, treatment, revision surgery, if necessary, and other costs” relating to the Stryker Rejuvenate recall.   Among other things, it does not define what would be considered a “necessary” test, treatment or revision surgery, or even who – the patient, their doctor, or Broadspire/Stryker – would deem the surgery necessary.  The website also fails to define what “other costs” would be reimbursed, making it unclear if patients would receive compensation for lost wages, pain and suffering, or other damages not directly related to medical treatment.

What Should I Do if I Receive a Stryker Broadspire Letter from My Doctor?

Because discussing your claim with Broadspire could result in the disclosure of information that might later be entered into evidence in any Stryker hip implant lawsuit you choose to file, it might be a good idea to speak with an attorney before you begin the process for filing a Broadspire Stryker claim.  Having dealt with a similar claims process relating to the August 2010 DePuy ASR hip recall, the lawyers at Bernstein Liebhard LLP can provide you with valuable insight regarding  Broadspire Services Stryker claims.   Before you discuss anything with a Broadspire representative, please contact us today at 1-877-779-1414.

Published January 9, 2013 by