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.