We encourage hip implant patients with recalled devices to consult a lawyer before talking with Broadspire, but if you choose to handle it directly, below is some additional contact information and a brief summary on the process of making a claim. But please be aware that both programs are discretionary in how the reimbursements are conducted and are to change subject without further notice from Broadspire.
Most clients are usually unaware of the level of sophistication of a retained risk management firm. Broadspire has been active and involved in hip recalls going back to August 2010 with the DePuy ASR and January 2013 for the Stryker rejuvenate/ABGII. It also has occupying the space in other areas of litigation for many years and works directly for the defendant corporations in most instances. Broadspire, in its role as a risk management firm, uses the data and documents sent in by claimants for medical bill reimbursement requests. Broadspire, however, garners more information than just billing and requires additional medical records to support the claims for reimbursement. Broadspire’s stated roll is to only act as a secondary payer for reimbursements after insurance and it does not negotiate or handle the product liability claim that a patient can assert against companies like Stryker or DePuy. Further the claim number you are given by Broadspire has nothing to do with your potential product liability action against the manufacturer. To be clear, the Broadspire process does not compensate you for any injuries, suffering or other future damages. It is designed to only pay for things like documented out of pocket medical costs, some lost wages and other minor reimbursement items.
A brief look at Broadspire’s website is illustrative of the context in which the company utilizes medical records of the claimant for the benefit of its client. Broadspire even claims to have a panel of medical professionals at their disposal, claim to have a special investigations unit of former law enforcement, and work directly with the attorneys of defendant corporations “to develop strategies to cost effective resolutions”. https://www.choosebroadspire.com
For the clients that need and rely on the reimbursement from Broadspire and in particular the uninsured, key questions need to be answered:
- Will this benefit continue into the future for the client that is uninsured or has the high deductible?
- Will Broadspire continue to pay a patient’s out of pocket medical expenses after their statute of limitations (“SOL”) runs on a case or after a settlement is announced that either the patient chooses or does not choose to participate in?
- Should I handle this myself or should I consult with an attorney?
In seeking to answer these questions it is important to remember that this “reimbursement process” is not a contractual or promise to the patient. This benefit on either the Stryker Program or the DePuy program can therefore be changed at anytime without recourse by the patient. Some have suggested the purpose of the Broadspire process is really to influence the hip implant victim to not pursue a legal claim or lawsuit for the harms associated with the defective hip implant device. We wrote an article on this point back in 2012 that sheds light on this subject in the following link: Will DePuy and J&J continue to pay reimbursements when the claimant can no longer pursue a civil claim barred by their respective statute of limitations? Unfortunately for those that have had now had revision, if claims were not timely pursued on both the Stryker and the DePuy Broadspire programs, the claims may be rejected for being untimely.
Many claimants will only recognize the full extent of their harms many years after learning that they have a recalled device. A patient that is at risk for needing another revision surgery should take advantage of a source to monitor their condition and submit their bills. In our opinion many patients will be left without any recourse for their medical bills, injuries and suffering after termination of the Broadspire benefit and may have no legal recourse for compensation if their Statute of Limitation (SOL) time period lapses before filing a formal lawsuit outside of the Broadspire process.
In short the concerns of future problems regarding this device are potentially daunting and will ultimately leave many harmed victims of this device without real options or recourse. The recalled hip implant lawyers at Childers, Schlueter and Smith, LLC are experienced and understand the methodology employed by DePuy and Stryker in their Mass tort strategy to limit and minimize client claims either through the process employed by its agent Broadspire and/or via the national law firms it hires and employs to limit a client’s potential claim in litigation.
If you want help or just the ability to become more informed about the overall process, please call us at 1-800-641-0098 and ask to speak to one of DePuy hip implant attorneys or Stryker hip implant lawyers. You can also contact us on the internet at www.cssfirmllcdev.wpenginepowered.com
The information below is provided for the consumer on both the Stryker and DePuy Broadspire programs that is seeking reimbursement to submit their Broadspire claim. We encourage the claimant to contact and consult with an attorney about their device and legal implications in preserving and filing a formal.
DePuy ASR:
Broadspire Billing Procedures for Reimbursements Sent Directly to Broadspire by Providers:
No Reimbursements allowed before recall date of August, 2010
Step 1: Have your provider bill your insurance company first.
Step 2: After insurance payments have been processed you will have your provider then send bill to Broadspire along with your Broadspire claim number to this specific address for DePuy ASR claims only:
Broadspire
P.O. Box 14340
Lexington, KY 40512-4340
(P) 973-439-6711
(F) 866-225-0044
CLAIMS MUST BE MAILED TO THE ABOVE ADDRESS
Broadspire Billing Procedures for Reimbursements and/or Payments to Providers Sent Directly to Lawyers Office
Step 1: Will need copy of EOB’s (Explanation of Benefits) from your insurance provider showing any payments by insurance to provider.
Step 2: Need HICF (Health Insurance Claim Form) from providers to send along with EOB’s to Broadspire. This will show the treatment codes to make sure they are related to hip claim.
Step 3: Some medical records may be needed to verify reason for treatment.
Payments will only be made as noted below:
Broadspire will only review and process claims of [claimant’s] under this Agreement to the extent such claims were filed prior to January 1, 2015, or 60 days after a qualifying ASR Revision Surgery under this Agreement, whichever is later regardless of the date of the [claimant’s] enrollment in the U.S. Program under this Agreement and provided they did not participate in the 2013 ASR Master Settlement Agreement.
Thus, if you were revised on or after Dec. 26, 2014 you can still file Broadspire claims as long as the claim is filed within 60 days of the revision date.
Leadership has consistently encouraged everyone to take advantage of this program throughout the litigation and cautioned that its existence is at DePuy’s discretion. If you have a potential claim, we encourage you to review the criteria immediately and get a claim submitted to Broadspire as soon as possible.
Stryker Hips:
Broadspire Billing Procedures for Reimbursements Sent Directly to Broadspire by Providers
No Reimbursements allowed before recall date of June, 2012
Step 1: Have your provider bill your insurance company first.
Step 2: After insurance payments have been processed you will have your provider then send bill to Broadspire along with your Broadspire claim number to this specific address for Stryker claims only:
Broadspire
P.O. Box 14349
Lexington, KY 40512-4349
(P) 973-439-6711
(F) 866-225-0044
CLAIMS MUST BE MAILED TO THE ABOVE ADDRESS
Broadspire Billing Procedures for Reimbursements and/or Payments to Providers Sent Directly to Lawyers Office
Step 1: Will need copy of EOB’s (Explanation of Benefits) from your insurance provider showing any payments by insurance to provider.
Step 2: Need HICF (Health Insurance Claim Form) from providers to send along with EOB’s to Broadspire. This will show the treatment codes to make sure they are related to hip claim.
Step 3: Some medical records may be needed to verify reason for treatment
Payments will only be made as noted below:
No payments will be made after the date of enrollment of the settlement and payments made between 11/03/14 and date of enrollment are subject to subrogation by Broadspire to be reimbursed back to Broadspire.
Payments will be made if you are not in the settlement as of 11/03/14.
We know many continue to struggle with Broadspire and may need additional help. If you have any questions about Broadspire or their reimbursement process, please give one of our hip implant recall lawyers a call. We are happy to help you with the program and ensure you get all the benefits you are entitled to from Broadspire.
