Why DePuy Lawsuits are Better Than the Reimbursement Process

DePuy Orthopaedics’ line of hip implants, their ASR devices, has a failure rate of 12-13%. The fact that thousands of Americans have felt the complications of flawed implants makes this figure correct in entirety. So what exact measures did DePuy undertake to address this concern? A few months ago, they drafted the procedures of their reimbursement plan. The affected recipients at least felt relieved that the company was taking responsibility.

Or so they thought. What they did not know is that DePuy carefully outlined their reimbursement to their advantage. They claim that they will reimburse you for ‘reasonable and customary’ expenses that you paid for the revision surgery, including the indicated tests. Aside from these, they also promise to reimburse you for travel expenses and lost time for work. However, the real catch remains unseen for most the recipients. DePuy will not reimburse any of their clients with hip implants revised seven years after the first hip replacement surgery, nor to those who underwent clinical tests five years after the company issued a recall on the ASR devices. This is downright unfair. Why settle for such absurdity?

Nevertheless, filing a lawsuit can be more advantageous for you. Why accept DePuy’s obscure reimbursement process when you can benefit more in pressing charges against the company? DePuy can only reimburse you with the least amount that they can give, obviously to preserve their assets without making it look like they are circumventing the whole process. In filing a lawsuit in light of the DePuy hip recall, however, you can actually gain more than what you can get from the so-called reimbursement.

Apart from the compensation for pain and suffering that you can receive in filing a lawsuit, your rights--as a person and as a patient--are ultimately protected. This is one genuine attribute in filing a lawsuit against DePuy, because you are able to seek for justice, one which the company cannot obviously give.

Stricter FDA Regulations Could Have Prevented Production of Defective DePuy Implants

The news about DePuy Orthopaedics’ creation of faulty hip implants has stirred a lot of anger and dissatisfaction among the recipients of the metal hip replacements. The company obviously needs to review and revise their process in manufacturing such faulty devices. However, the bigger picture might be overlooked, especially for those who are too overwhelmed by the situation. How can the Food and Drug Administration allow the entry of such faulty products to the global market?

Simply put, DePuy was able to spot an ambiguity in FDA regulations to bypass the routine clinical testing procedures required for many health-care devices to pass. Particularly, the company outwitted the FDA’s premarker notification process, also called 510(k). All they did was claim that their hip implants were ‘substantially equivalent’ to those previously approved by FDA. In short, this allowed the company to smoothly sell their metal implants to the market, without having to undergo the lengthy clinical testing.

On a much bigger picture, this premarket notification process can be even more detrimental. Other companies might claim that their products are also ‘substantially equivalent’ as those products who have also used the same loophole. The older predecessors of the hip implants might not even be reliable, so a series of unfortunate events can likely happen because of this mad and senseless regulation. Undeniably one of the most infamous government agencies, FDA ought to review their rules regarding this matter. There would have been less defective implants if stricter policies from the FDA were implemented beforehand.

Moreover, DePuy spent an estimated amount of $5,000 in 3-6 months worth of time to gain a successful FDA approval of their hip replacements. Sadly, this does not outweigh the damages it has caused to 93,000 recipients at a global scale. Victims lost money, self-esteem and even the hope of achieving well-being because of the complications of the faulty implants. Are you a victim of this negligence? A hip recall lawyer specializing in personal injury and medical malpractice cases can help you deal with your situation.

Those with DePuy Hip Implants Should Speak with Their Lawyers Soon

Are you one of the thousand recipients of the hip implants designed by DePuy Orthopaedics? By now, you should be aware of how most these implants have failed. Instead of the expected 15-year life span of these metal replacements, those manufactured by DePuy only served its purpose for five years or even less. Planning to press charges against a very influential company may make you feel powerless, but it is actually a good idea for DePuy implant recipients to consult a lawyer soon.

First and foremost, DePuy already launched its claims process, which is one of the many other tactics they can pull off. At first thought you might believe that this will speed up the compensation, but note that this claims process of theirs has already been planned and tailored to their benefit. The company has established its own ‘help line’, and one of its goals is to gather information from you, which should be confidential in the first place. They can use these against you.

DePuy is also paying many doctors to act as their consultants. In short, part of these doctors’ jobs is to convince their patients to reconsider the thought of pressing charges against the company. DePuy doctors will even try to limit your compensation in the favor of DePuy.

It is quite unethical on the part of many medical practitioners, but this madness actually exists.

The clock is ticking, and time is running out. Many state laws in the US declare that plaintiffs should file their cases within a specific duration. Usually, they are only given three years from the time of the injury. Full compensation from the company also requires strong and reliable proof, so your lawyer will strongly advise you to gather certain records. These include laboratory results, financial documents, insurance forms and other personal documents. Seeing a lawyer soon, and bringing these evidences will strengthen your hip recall lawsuit against DePuy.

Recipients of Recalled DePuy Hip Implants Should Consult A New Doctor

The recipients of the hip implants from DePuy Orthopaedics, who have been taken aback by the recall, may have a lot to think about lately. They might ask their lawyers on what to do with the defective implants, but consulting a doctor should be done first. Note that it might be helpful if you seek advice from another physician, rather than your primary doctor.

First and foremost, let us not forget the possibility that DePuy may have paid many orthopedic surgeons to be their consultants. Although DePuy has an online list of its paid doctors, you will not lose anything if you go for a second opinion. Ask another doctor about anything concerning your previous practitioner: credentials received, surgeries handled, clients served, and even previous cases faced, if there are any.

Another reason why you are strongly advised to seek the help of another doctor lies on the possibility of you receiving another hip implant from DePuy. Some consultants remain to be loyal to DePuy, so beware of their recommendations of buying the company’s products yet again. What difference does it make if you purchase another implant if your previous one has failed? More manufacturers make better, safer and even more affordable hip implants. If you are suspecting that your doctor is working, or at least coordinating with DePuy, then it is high time for you to leave and find another physician, a better and more honest one.

For your revision surgery, you need not seek the service of your previous surgeon. More orthopedic doctors can help you with your second, and hopefully your last, hip replacement surgery. However, this decision of yours depends entirely on your discretion, but it will not cost you any harm to seek for a second opinion. It is probably time to test your doctor’s loyalties. After all, you have been through too much already.

If you wish to claim the damages that you so rightfully deserve to receive, then contact a DePuy recall lawyer. If you are unsure of your doctor’s loyalties, your lawyer can help you arrive at the best decisions.

What to Gather Before Pressing Charges Against DePuy

When recipients of the defective hip implants from DePuy Orthopaedics started to complain, the company knew that its reputation is in big trouble. Naturally, the recipients would not just ask for compensation, but demand that they be treated fairly as far as the case is concerned. As a friendly reminder, it is always best to keep all the documents related to your case. The following are few of the most important records that you need to secure first and foremost before filing a lawsuit against DePuy.

Your medical documents. These are undoubtedly the most important records that you need to keep. These should include all the details of your hip replacement surgery, including the specific type of implant manufactured by DePuy. These go in the names of ASR XL Acetabular System and the ASL Hip Resurfacing System. Evidence of your visits to the doctor should also be secured, including all prescribed medications and pertinent receipts regarding the surgery. Pre-, intra- and post-operative evidences of laboratory results, especially those of blood work and diagnostic imagery are also important. If you can get a copy of your chart when you were hospitalized for surgery, it will strengthen your evidence even more.

Your financial records. Apart from your insurance records, you should list all the out-of-pocket expenses that have cost you. You should also include the expenses for medications, travel and hospital bills. These are important to claim your damages from DePuy.

Your personal evidences. These include records that document your pain and suffering. Better include photos of you in crutches, recordings of your physical activities and many more. DePuy can provide you with compensation for pain and suffering.

Your recalled hip implant. Last but not the least, never surrender your recalled implant to DePuy. The implant is your property, and only you can decide on what to do with it. This is probably one of your strongest evidences, because you can show it to court and state that it is the main cause of everything that you lost after undergoing hip replacement.

It is not an easy task to secure all these documents. A good hip recall lawyer, however, can help you in gathering all those that you need.

Lawsuits Against DePuy Strengthen While New US Artificial Implant Registries Are Established

Even before DePuy’s implants were recalled, the company was already well aware of their possibility to fail and affect their recipients. Artificial implant registries have busted the company because they revealed that thousands of recipients got the defective replacements.

Ideally, hip replacements should last for approximately 15 years. However, the ASR XL Acetabular System and ASR Hip Resurfacing System from DePuy only lasted for 5 years or less. The failure rate of these implants is estimated to be around 12-13%, which is very alarming.

The effects of these faulty replacements are equally overwhelming as well. The metal components slowly seep into the bloodstream, making blood cobalt levels double in almost toxic amounts. The only solution to this medical threat is through a revision surgery, where the recipient has to go under the knife again to take out the implant. Because of the implant registries in certain countries such as in the UK, the incidence of these revision surgeries was detected. When DePuy knew of this, the company then announced a recall of their hip implants to examine them.

Seeing that a national implant registry is actually effective, the US is now into talks of creating implant registries as well. The American Academy of Orthopaedic Surgeons and the National Orthopaedic Outcome Registry are establishing their own registries to track patient records and history. The registries will hopefully, in due time, protect the general public while promoting patient privacy. Concerns such as product liability and medical malpractice are likely to be addressed more efficiently. All these can be achieved with the creation of the implant registries without compromising the medical industries and staining the reputation of the country’s surgeons.

Until these registries will be officially launched, those with recalled hip replacements are still seriously affected by the situation. Allow an experienced hip replacement lawyer to guide you. Contact one to help defend your case against DePuy.

Non-US Recipients of DePuy Hip Replacements Advised to File Lawsuits in the US

DePuy will shortly be facing a multi-district litigation suit in response to angry and dissatisfied consumers over their defective hip replacements. The metal-on-metal hip implants have caused a lot of damages to the victims, without warranties. Now that the status of DePuy’s case is somewhat transparent to the public, more and more victims are appealing to the authorities. From the looks of it, they seem motivated enough to press charges against the Johnson & Johnson company. After all, the damage has been done--and an awful lot of them, too.

Because majority of the complainants are from the United States, you cannot help but ask, “How about those living from other countries?” Non-US complainants are free to file lawsuits in their own country, but foreign laws in several countries differ among themselves. Some have filed their complaints in the US, and a few others in their own mother land. Lawsuits against DePuy are ongoing at both pathways.

Filing a lawsuit in your country is convenient, and less costly as well. While the multi-district litigation against DePuy is being scheduled, the company has avidly requested the US Judicial Panel to reconsider the venue of the hearing. They wish to transfer the place to Indiana, where their headquarters are located. This is where the obvious setback comes in. If Non-Americans choose to press charges in their home country, DePuy may request for adjustments so that the litigation is convenient for them as well. Plaintiffs from other countries will be affected by the hassle.

Hence, it is advisable that lawsuits against DePuy be filed in the US. Don’t know where to start? Do your laws vary greatly from that of the US? Allow a lawyer, who is experienced in personal injury cases, guide and assist you. Specifically, a DePuy hip recall attorney will help you out in winning your case.

DePuy to Face More Lawsuits From UK

Following a hip replacement surgery, a long-term and stable post-operative condition is every patient’s desperate wish. The insertion of hip implants adds a unique risk, because they ideally stay inside the joint for around 15-30 years. However, with the skill and competence of the surgeon, including the excellent quality of the implant, it should not be a serious problem. On the contrary, this is not the case with DePuy’s hip implants. A high number of their metal hip replacements have been discovered to be faulty, too faulty that it never should have leaked into the market.

This issue has then spread like wildfire in major countries. In America, the growing number of the thousand complaining victims are already expected. In the UK, the number of complaints against DePuy are also increasing in a very fast manner, so fast that it has caused the people to file a class action lawsuit against the international company. They demand damages for pain, significant reduction of savings and additional health care costs. After all, they have trusted the DePuy brand too much, and a faulty hip implant is what they get in the end.

Other countries also have their own share of complaints, although no formal lawsuits have been filed just yet. Victims from Australia are now expressing their extreme dismay. Investigations reveal that cobalt levels from a 66-year-old Australian are too high because of the seepage of such element into the bloodstream. In Ireland, the government is also alarmed because about 400 of its citizens are painfully affected by this growing problem.

Do not allow a defective metal-on-metal implant affect you. Do not let this ruin your daily work, and eventually, your life. If you suspect that you are affected by a faulty implant, or know of someone who is experiencing unexplainable pain after a surgery with a DePuy product, then contacting a hip replacement lawyer will be a wise decision to make.

Comparing Class Action Lawsuits and Multi-District Litigation for Depuy Hip Implant Recipients

For some people, it is no longer a surprise that DePuy is now facing serious charges for its defective metal hip replacements. The consequences of the company’s negligence are overwhelming. Recipients of the hip implants reported severe pain, decreased mobility and exhaustion. Top it off with the financial add-ons required by the revision surgeries and blood work, and the victims go ballistic. How could a million dollar company waste its once spotless reputation by allowing flaws in the production of their metal replacements?

Obviously, the expected measures that victims will make is to formally file a lawsuit for the violation of their rights as patients. Both the US and the UK are considering the filing of a class-action lawsuit against DePuy to claim damages for pain and expenses. Apart from class action, some Americans are also looking at multi-district litigation, or MDL, as another option. Class action lawsuits and multi-district litigation are two legal terms that have very distinct characteristics in varied aspects.

There exists a convenient and efficient legal proceeding, hence some people opt for a class action lawsuit. This can be applicable when suing DePuy for its product defects, because the large number of complainants can constitute one major lawsuit. In short, individual cases are collectively combined, and then brought to court. However, a more specific process can take place with multidistrict litigation. Instead of merging different kinds of complaints into one lawsuit, cases with similar claims are examined closely and carefully. Complicated product liability suits such as that faced by DePuy can be resolved with MDL. This can be beneficial for some, because it actually hastens the settlements at a shorter time frame.

Thousands have fallen prey to DePuy simply because of their low quality. If you are a recipient of their metal replacements, and if you feel that something is wrong, you may contact a DePuy hip  recall lawyer to guide you with the best legal options that are tailored to your specific case.

UK to File more Hip Recall Lawsuits against DePuy

After a hip replacement surgery, each and every patient expects a successful surgical outcome. Who would not, especially when thousands of dollars are invested for the sake of good health? The cost of a hip implant alone burns quite a deep hole in your pocket. What happens if, after a few years, you find out that the metal product inside of you is actually defective?

Thousands have chosen DePuy as the brand of choice for their hip implants. Aside from the United States, a significant percentage of the recipients are actually from Britain. Unsurprisingly, British have also started complaining about the excruciating pain after a few years after the implants were surgically placed. It looks like the Americans are not the only people who are fed up with DePuy and its defective hip implants. After all, their faulty products have caused significant damage to thousands of people. They could not believe the added hassle it has caused: undergoing laboratory exams to test chromium and cobalt blood levels and going through additional surgeries to remove the faulty implants. The financial burden that comes with these procedures is downright depressing. All these has caused the victims from Britain to file a multi-million lawsuit to claim the damages from DePuy.

Even in Ireland and Australia, cases like these have already been reported. Although no formal lawsuits have been filed just yet, people are already complaining. This worldwide issue is of no surprise, because DePuy is undeniably a global company. We can then expect to hear more complaints from other countries shortly.

You have already suffered too much with your first hip replacement surgery. Do not wait for the second or the third--there is no harm in making sure that you are in good shape, especially with the issue on the DePuy hip recall. If not, a competent Rottenstein lawyer will defend you. You are absolutely guaranteed of your compensation.