Repl Parts

Repl Parts

How Much and What Kind of Compensation Should Victims Expect from DePuy's Recall?

If you are one of the thousands of patients implanted with a defective DePuy ASR hip replacement device, you may be wondering about financial compensation for any injury and inconvenience stemming from the hip replacement recall. What does DePuy consider worthy of compensation? Before you decide to accept a settlement offer from DePuy and sign away your ability to effectively pursue a hip replacement lawsuit, please read the following information carefully, and then talk to a hip replacement lawyer regarding the specifics of your situation.

In October 2010, Johnson & Johnson hired a subsidiary of global insurance giant Crawford and Company to handle injury claims related to the DePuy recall. The subsidiary, Broadspire, is an insurance and claims adjuster whose goal is convincing DePuy victims to turn over any medical records related to their defective hip replacement devices. What you may not realize is that by signing a waiver to allow them access to your medical records, you are giving up your right to medical privacy and thus, the information obtained by Broadspire can be used against you in court if you choose to proceed with a hip replacement lawsuit.

Of course, DePuy and its hired adjuster aren't expecting you to just sign away your rights for nothing. In exchange, DePuy is offering to cover "reasonable and customary costs of testing and treatment associated" with the DePuy hip replacement recall, including revision surgery, if required, and other "reasonable" losses due to missed work and travel, which are "subject to review on a case-by-case basis." This may sound fair on the surface. However, what is DePuy really offering you in exchange for signing away valuable legal rights? It could be a lot less than you think, especially once you realize that DePuy gets to decide which of your medical fees and out-of-pocket losses are reasonable. Once it has gotten your signature, there is little to compel DePuy to offer more than the bare minimum financial compensation that it can get away with, since it can now defend itself against your hip replacement lawsuit. This is why it is vital to speak to a hip replacement lawyer, such as those at the Rottenstein Law Group, before signing any agreements provided under the guise of "speeding up the claims process" or hastening "fair and reasonable" compensation for your injuries and losses.

About the Author

The exact amount of compensation a plainitff would receive from a DePuy lawsuit still unclear but the company's claims process seem dubious at best. Depuy Recalled product victims must contact us immediately for your legal action.

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