DePuy Hip Replacement Recipients Should Preserve Their Legal Options

Most recipients of DePuy’s two recalled hip replacements, the ASR XL Acetabular System and the ASR Hip Resurfacing System, have two options: they can work through DePuy’s claims adjustment system as administered by its agent, Broadspire, or they can consult with a hip replacement lawyer. There are many reasons the latter is preferable to the former.

DePuy’s claims system requires those involved in the hip replacement recall to submit all kinds of information to DePuy and its agents. For example, it will demand access to your medical records, and it may even demand that you surrender your explanted hip replacement. These are pieces of crucial importance to you and DePuy can use them against you should you choose to file a hip replacement lawsuit against it.

During recent multidistrict litigation proceedings, DePuy and its parent company, Johnson & Johnson, have claimed that they will not ask recipients to waive their legal rights against the company, but that’s not a reason to use the claims system. Indeed, the claims system simply won’t provide you with the kind of recovery that a hip replacement lawsuit can. You may be able to recover damages for lost wages, travel expenses, and for pain and suffering. By contrast, DePuy claims it will compensate people for their “reasonable and customary expenses” associated with the recall, but to qualify, it will review peoples’ situations on a case-by-case basis. Then it will reimburse people through their insurers rather than paying them directly, which increase administrative costs.

Thus, it’s in your best interest to bring your case to one of the attorneys at the Rottenstein Law Group. We can help you recover the compensation you deserve. 

ArticleSource: ArticlesAlley.com