DePuy Hip Replacement Recall
Johnson & Johnsons DePuy Orthopedics division has recently recalled its ASR XL Acetabular Head System and ASR Hip Resurfacing System.
Litigation over the DePuy ASR system has been consolidated into multi-district litigation in the northern district of Ohio (MDL 2197 N.D. Ohio), while the MDL set up for the DePuy Pinnacle model is classified as MDL 2244 N.D. Texas.
What are the symptoms patients are suffering from?
If you had hip surgery between 2005 and 2010, you may be at risk. The metal-on-metal construction of the ASR artificial hip permits grinding and allows metal particles to enter the surrounding tissue. If you have these symptoms, it could indicate a serious problem with your artificial hip:
- Serious/Chronic Pain
- Loosening of the Implant, with Possible Detachment
- Dislocation of the Hip Implant
- Fracture of the Bone Around the Hip Implant
What is DePuy arguing in these lawsuits?
DePuy claims it did not maintain a list of the 93,000 patients who received its ASR Hip and is unable to warn its customers directly. DePuys failure to keep accurate records puts the burden on you to determine if you received a defective hip replacement.
What is DePuy offering to cover for their products' defects?
While DePuy claims that it is going to cover "reasonable and customary costs of monitoring and treatment," the simple reality is that a statement of their intention is quite to the contrary. In particular, DePuy has requested that patients submit all of their medical bills to private health insurance, such that DePuy would simply pay co-pays and deductibles.
Under Federal Medicare Regulations, and under ERISA health insurance programs, the patient can actually be responsible for reimbursing the cost of medical treatment if they obtain recovery from a third party. By DePuy offering to pay co-pays and deductibles, as opposed to the entire cost of treatment, DePuy may be creating significant legal liability exposure to the patients who have received the DePuy ASR Hip Replacement System.
Once any money is received, the co-pays, deductibles, or otherwise, the patient become responsible for reimbursement of the entire cost of medical treatment to Medicare and/or the ERISA health insurance carrier. Medicare and/or the ERISA health insurance carrier have the right to actually file suit against the patient/insured to seek reimbursement. If one has accepted the co-pays and deductibles offered by DePuy, such would simply cover the out of pocket costs, leaving the patient "in the lurch" when they are sued.
Legal representation is necessary to protect your rights, obtain adequate compensation, and to ensure that a lawsuit is filed in a timely fashion. If you received a defective ASR hip replacement, or even think you have, contact Langdon & Emison to ensure you are protected.
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