Shortly after the recall of its defective DePuy hip replacements, Johnson & Johnson, DePuy Orthopaedics’ parent company, provided surgeons and patients with a guide regarding the hip replacement recall. In the guide, it was promised by J&J that recipients would be paid reasonable costs of testing and treatment and recommended them to call its “help line.” The portion directed to surgeons includes a consent form for recipients to sign, and it asks of them the following:
- Delivery of all the recipient’s medical records and x-rays to DePuy. This includes everything from the initial implantation to any revision procedures. DePuy also wants doctor’s orders and records from follow-up visits.
- The explanted ASR device, in the event of a revision procedure.
- Any other information collected by DePuy that may be used for analysis.
Oddly, orthopedists get offered money in exchange for each completed release form they sumbit to DePuy. That amounts to $50 for each recipient’s signature.
Why is this information desperately needed by DePuy? There are two answers: one, DePuy is looking to use this information against recipients in the event that they file a hip replacement lawsuit against DePuy. If recipients did not follow doctors’ orders precisely, DePuy can claim the recipient was partially responsible for his or her injuries. Two, DePuy will use the information to reimburse recipients’ insurers for the cost of the recall rather than pay recipients directly for their costs incurred.
This only goes to show that recipients need to speak with a highly experienced product liability lawyer to guide you through the process of acquiring compensation from DePuy. If you wish to learn more about the current lawsuits filed against the company, visit the DePuy hip replacement recall center today.
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