Once the DePuy hip replacement recall for the ASR XL Acetabular Hip System and the ASR Hip Resurfacing System was implemented, the company released a guide for both patients and surgeons. For patients that have received defective devices, DePuy makes promises of offering coverage for reasonable treatment and testing costs, and also encourages patients affected by the recall to contact the company directly using a toll-free number.
For the surgeons, additional information was placed in their guide raising concerns and questions regarding Johnson & Johnson and its commitment to giving aid to patients requiring regular monitoring and testing and who may potentially have to undergo painful and risky corrective surgery. Contained in the packet is a consent form intended to be given to recipients of any recalled hip replacement system. Upon signing this form, the patient agrees to the following stipulations:
· DePuy will have access to all medical records and x-rays regarding an initial or corrective hip replacement procedure, including everything from doctor’s orders to records related to follow-up visits.
· If corrective surgery is indicated, the defective device removed by the surgeon may be returned to DePuy.
· All information gathered by DePuy may be used for analytical purposes.
Even more alarming, surgeons are being offered payments in exchange for having their patients complete releases and submitting them to DePuy. This raises two very key concerns. The first concern questions Johnson & Johnson’s plan on utilizing this confidential information and how valuable this information can be in the future. It is believed that DePuy plans on making the case that they could not be held liable for damages due to device failure if medical records show that the patient did not follow doctor’s orders exactly. The second major concern is whether or not giving payoffs to surgeons for release forms violates doctor-patient confidentiality. This jeopardizes not only the trust patients have for their doctors, but also the future health of the patient.
These concerns clearly lead to the fact that DePuy has no intention of protecting patients affected by the hip replacement recall. Under no circumstances should any information be released to a third party, like DePuy, even under the advice of a trusted family physician or surgeon. Patients who received defective devices should protect themselves and their rights by contacting a hip replacement lawyer to get the compensation they are entitled to. Information about ongoing litigation can be found on the DePuy hip recall website.
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