Patient's Medical Records Is Acquired by DePuy through Surgeons

At the time it issued the hip replacement recall for the ASR XL Acetabular Hip System and the DePuy ASR Hip Resurfacing System, DePuy released a guide for both patients and surgeons. In the document intended for those who may have received the devices, DePuy tries to reassure individuals that it plans to do the right thing and help all those affected. The company promises that reasonable treatment and testing costs will be covered and encourages those impacted by the DePuy recall to contact the company directly through a toll-free number.

The guide intended for surgeons contains additional information that raises concerns and questions regarding Johnson & Johnson and its commitment to helping those who will have to have regular monitoring and testing and possibly undergo a painful and risky revision procedure. One item in the packet is a consent form intended for those who have received a recalled system. By signing it, the patient agrees to the following:

Providing all medical records and x-rays regarding an initial or revision hip replacement procedure to DePuy. This includes everything from doctor’s orders to records related to follow-up visits.

Returning the defective device to DePuy if a revision surgery is necessary

Allowing DePuy to use all this collected information for analysis

An even more disturbing piece of information in the package for surgeons is an offer of payment in exchange for each completed release submitted to DePuy. The company offers a sum of $50 in exchange for convincing a single patient to sign the form.

This situation raises two key questions. First, how exactly does Johnson & Johnson plan to use this information, and why is it so valuable to it? There have already been suggestions that DePuy is trying to blame the victims of the hip replacement recall. Gaining access to patient records would definitely be beneficial in this regard. During its analysis, it might conclude, for example, that the device failed because the patient did not follow the doctor’s orders exactly. By obtaining the faulty device, it is taking away what could be a key piece of evidence in a hip replacement lawsuit. The second question is whether physicians will be willing to betray their patients’ trust in exchange for $50. While some will surely refuse, there will likely be others who will be more than willing to take advantage of the situation.

Those affected by the hip replacement recall need to take care of themselves. Do not release any information to DePuy under any circumstances, even upon the advice of a family physician or surgeon. If you received one of these defective devices, you should also contact a hip replacement lawyer from the Rottenstein Law Group as soon as possible to obtain legal counsel, protect your rights, and determine if you are eligible for compensation. 

ArticleSource: ArticlesAlley.com