Insurance Dispute Lawyer Blog
As over 93,000 DePuy ASR Hip Implant recipients face the reality of the recent recall that requires the replacement of the orthopedic device, many wonder if they need an attorney to represent their legal rights. The reality of the matter is that all indications show that the company, owned by Johnson & Johnson, is attempting to limit its legal responsibilities in the wake of the failing implant at the expense of government agencies and insurance companies. What’s more, the company has not shown any significant interest in compensating those who have been affected by the need to replace or fix their implant and, instead, appears to be looking out for itself.
While these are bold accusations, all signs indicate that DePuy is taking a hands-off approach from this matter. Specifically, the company has made no public statements regarding compensating people for their pain and suffering. In fact, DePuy’s only demonstration of regret and interest in paying individuals for their losses surrounds compensating patients for out-of-pocket expenses. Encouraging those with failing implants to document the costs relating to the implant, the company is, at least publicly, only encouraging claims of things like gas and medical expenses related to replacing the joint substitute.
On its own website, DePuy acknowledges this interest of repaying implant recipients for “reasonable and customary costs of testing and treatment if you need services, including revision surgery if it is necessary, associated with the recall of ASR.” Nowhere in this passage does the company acknowledge the months to years of pain and damage caused by a failing implant that the company knew, as far back as 2007, was problematic. This is not acceptable to our law firm, much less the many implant recipients who have suffered limited mobility, extreme pain, difficulty with movement or general use of the implant and issues of metal shavings in the soft tissue. What’s more, those who have had to undergo revision surgery before the recall would argue the stress and undue problems relating to undergoing another effort at replacing a failing hip is nothing to be ignored.
It is quite obvious that the recall of the Johnson & Johnson/DePuy Orthopedic ASR Hip Implant product is not a simple effort by a manufacturer to bring back a simple faulty item but, instead, a metal system intended to replace a failing body part. Many people trusted DePuy to provide a successful substitute to their hip and approximately 1 in 8 have already been experiencing the flaws with it. What’s more, the hesitance of the company to acknowledge damage claims or try to compensate people for the pain and suffering they have suffered is unacceptable. These facts are only proof that hiring an attorney will be an essential process for DePuy implant recipients to receive the financial compensation they deserve for the suffering they experienced relating to this faulty product.