A Press Release came out on October 8, 2010 detailing that Johnson & Johnson hired Broadspire, a subsidiary of Crawford & Company to handle DePuy ASR Hip Implant recall lawsuits and related injury claims.
According to reports, Broadspire is the world’s largest insurance and claims adjuster. Broadspire has been trying to gain access to the medical records of patients affected by DePuy’s recent hip implant recall through medical authorizations.
In August of this year, DePuy Orthopaedics, a subsidiary of Johnson & Johnson recalled two versions of the company’s ASR model artificial hip implant.
According to the Press Release, DePuy sent out thousands of questionable recall letters to hip replacement recall victims worldwide. These letters asked patients to sign medical authorization forms and provide other personal forms of information. The forms would release detailed information contained in the patients’ medical records to DePuy and third party contractors. It also allows DePuy to have unfettered access to patients’s medical providers and further allows them the ability to inquire ino unrelated medical conditions and issues.
The reality of this situation is that if a patient signs this release form, they waive their federally protected rights to medical privacy and the information released to DePuy can be used as evidence in court against them as their claim progresses. This can detrimentally affect the outcome of a patient’s hip recall claim and the value one should receive for these serious medical errors. This potential for abuse and information was of course not included in the letters to patients and consumers, but we have seen it happen all to often in other areas of litigation and recalls.
Before signing anything, you need to contact the DePuy ASR Recall Attorneys at Childers, Schlueter, & Smith, LLC for a free consultaton and review. Childers, Schlueter & Smith, LLC continues to investigate and review the claims of patients nationwide who received a DePuy hip implant device since July of 2003. If you or a loved one has received the DePuy ASR XL Acetabular System or DePuy ASR Hip Resurfacing System and have experienced some type of hip pain, developed metallosis, required an additional hip surgery, or any of failure with your hip replacement device, you may want to contact CSS Firm for a free case evaluation and consultation. Our experienced team of hip implant lawyers will work closely with you and see to it that you get the medical treatment you need and receive adequate compensation for your injuries.
