Mass Torts Update - Written by Beasley Allen on Thursday, April 28, 2011 13:44 - 3 Comments
After ASR XL Acetabular and ASR Resurfacing hip systems (ASR hips) were recalled in August 2010, the manufacturers, DePuy Orthopedics and Johnson and Johnson (J & J), launched a very aggressive campaign to defend the hip failure cases that have been filed against them. The ASR hips have been shown to have an exceptionally high rate of revision (i.e., second / follow-up) surgeries within a short period of time from the original hip implant surgery. The metal-on-metal design of the ASR hips has led to metal particles entering into the user’s bloodstream causing metal poisoning. This metal poisoning and the general defective design of the ASR hips have also led to instances of dislocation, hip mal-alignment issues and bone fractures. Combined, these issues were the primary reason for the ASR hip recall.
Realizing that they have a major problem with the defective ASR hips, DePuy and J & J immediately upon the recall instituted a “medical bill reimbursement program.” This program allows DePuy to pay for medical bills associated with the follow-up care and treatment of the defective ASR hip device, including any potential revision surgeries. However, DePuy has required ASR hip users to obtain a claims number and sign a medical authorization release, which violates many of the users’ rights. This release effectively authorizes DePuy to gain access and information about ASR users’ potential case that DePuy would not otherwise have. For instance, the release allows DePuy, through the company that DePuy has hired to handle this program – Broadspire – to speak directly with the ASR user, his or her physicians, along with obtaining the ASR device if there is a need for a revision surgery. If an ASR device is in DePuy’s possession that will negatively affect any potential client’s case.
Recently, through the efforts of the MDL Plaintiffs’ leadership committee (PSC), DePuy has agreed to not require clients to sign these releases and has agreed to pay for ASR users’ medical bills. However, the ASR user should not communicate with DePuy or Broadspire directly. Instead, potential clients should go through their lawyer to handle any medical billing issues because DePuy and/or Broadspire has the ability to record any communications over the phone to use against a potential client. Direct communication between ASR users and DePuy can lead to many ways that DePuy can take advantage of an unrepresented ASR user. Therefore, if ASR hip users are interested in this reimbursement program, it would be in their best interest to get a lawyer to act on their behalf when dealing with DePuy or Broadspire regarding payment of their medical bills.
If you need additional information on the subject, contact Navan Ward, a lawyer in our Mass Torts Section, at 800-898-2034 or by email at Navan.Ward@beasleyallen.com. As you may recall, Navan serves on the PSC for the MDL.
Leave a Reply
- Testosterone Multidistrict Litigation Has Been Formed
- Favorite Bible Verses
- Exploding Airbags is the Next Hidden Danger Lurking on the Horizon
- An Update on the Firm's Mass Torts Litigation
- The Travis Grant Story Is A Good One
- The Civil Justice System Does Make a Difference
- BP's Stay Request Fails Before the Supreme Court
- Favorite Bible Verses
- Eight Car Makers Join in the Recall of Exploding Airbags
- The Deepwater Horizon Claims Program is Up and Running Again
- Favorite Bible Verses
- Pollution Plagues The Water In Alabama
- New York Appeals Court Decisions May Impact Fracking Nationwide
- The Prices Of Generic Drugs Are Going Up
- John Hopkins Settles Pelvic Exam Lawsuits For $190 Million
- An Update On Boating Accidents
- There Were 10 Deaths And 123 Injured During 4th Of July Travel Period In Alabama
- Tracy Morgan Files Suit Against Wal-Mart
- OSHA Issues Safety Violations To Bridge Company
- Investigators Say Overloaded Storage Bins Caused Building Collapse
- Jury Returns $15 Million Verdict Against The Los Angeles Dodgers
- Safeguards Needed To Protect The Public Against Predatory Lenders
- Just in case Ford ever steps up, I'm chiming in. Original Owner 2004 F150 SCrew...
- August 26, 2014 - my wife has received an August GM recall notice on her 2002 mo...
- Thanks, Tiffany Lindsay keep me posted...
- To the lawyer of this firm, something similar happen to me today while traveling...
- Ford sucks! for not recalling this issue... I am on my second replacement.
- Both my front window regulators crapped out on my 2004 f150 back in 2007. Haven...
- I would like to join this lawsuit, I was a manager for 3+ years. I worked many ...
- I was a store manager at a Dollar General in Jackson, GA. I worked an average o...
Recent Settlements - Feb 9, 2012 7:09 - 0 Comments
More In Recent Settlements
- A Further Update On The AWP Litigation
- Firm Reaches Settlement In Fort McClellan Radio Tower Collapse Case
- Firm Reaches Settlement In Sikorsky Helicopter Crash
- The Philadelphia Story
- St. Croix, Virgin Islands Settlement
Product Liability - Aug 1, 2014 14:22 - 0 Comments
More In Product Liability
- NHTSA Finally Issues A Rear Underride Standard
- Dangers Associated With Portable Bed Handles
- A Danger in Your Home Is Hiding In Plain Sight
- Joan Claybrook Recalls Important Product Safety Issues She Dealt With As Head Of NHTSA
- GM Stops Sales Of Some Cadillacs Over Ignition Issue
Recalls Update - Aug 1, 2014 12:23 - 0 Comments
More In Recalls Update
- Unique Pharmaceuticals, Ltd. Recalls All Sterile Compounded Preparations Within Their Expire Period
- Dream On Me Recalls High Chairs Due To Strangulation And Fall Hazards
- Oeuf Recalls To Repair Cribs Due To Entrapment Hazard
- Fiberglass Boom May Conduct Electricity
- Porter-Cable Fixed-Base Production Routers Recalled Due To Electrical Shock Hazard