Insurance Dispute Lawyer Blog
Recently, DePuy Orthopaedics, Inc., announced they were recalling the DePuy ASR Hip Replacement System as a result of serious device complications. However, DePuy has known since approximately 2005 that the ASR system was defective and causing individual’s unnecessary pain and discomfort. Additionally, the ASR system has caused almost 13% of patients to undergo a second corrective surgery that completely takes out the DePuy device due to the severity of resulting complications. In short, patients who have received the DePuy ASR Hip System have reported experiencing difficulty maintaining daily routines, or even enjoying simple acts such as walking, or bending down past the waist.
DePuy has limited its offer of compensation to the costs of medical care provided. Particularly, in DePuy’s published reports, the company states they will cover, “reasonable and customary costs of monitoring and treatment services.” However, before an individual contacts DePuy or Johnson & Johnson, they should be aware of their legal rights and have them protected throughout this process. DePuy’s limitation on compensation ignores the other experiences and factors individuals will most likely go through after having a defective DePuy hip implant. For instance, DePuy will not cover the costs associated with the daily physical pain experienced, nor the additional hospital monitoring, prescription costs, lost wages or decreased earning capacity, disfigurement, or even disability. These are just a handful of damages that may be claimed against DePuy that they are stating they will not cover.
Patients have reported time and time again that, after receiving the DePuy ASR Hip Replacement System, they experienced complications that caused them severe physical and mental stress. For instance, a plaintiff who filed recently against DePuy in Maryland claimed that the metal on metal device actually became disassociated and the neck of the device became stuck in their anterior capsule, while the other part of the device slid along the iliopsoas tendon up to the hemipelvis anterior to the acetabulum. Essentially, the device was injuring the person’s entire hip area causing severe damage. As a result of the disassociation of the device, the plaintiff had to undergo a separate abdominal incision to remove the disassociated components. The plaintiff suffered numerous complications, including deep vein thrombosis, external iliac artery thrombosis, and damage to the left hip and left foot. The plaintiff claimed permanent damage and pain associated with the defect of the DePuy device. Further, as a result of DePuy keeping the defective product on the market (when they had almost four years of complaints and reports illustrating the defects in the device)the plaintiff suffered great pain, loss of mobility, emotional upsetment and anxiety, and has incurred and will continue to incur large sums of medical care and attention.
Having legal representation can help guide affected individuals throughout these serious issues associated with the recalled DePuy ASR Hip replacement System. Financial compensation may be available to those who have received the DePuy ASR hip replacement system. Also, patients may be entitled to damages including pain and suffering, past and future pain, lost earnings, medical bills, disfigurement, monitoring, rehabilitative and pharmaceutical costs. Contact the Berniard Law Firm for help throughout this difficult process. You do not have to go through this ordeal alone, especially when an attorney can help you navigate this process.
The Berniard Law Firm will provide the best advice and guidance and is fully capable of meeting your litigation needs. Call the Berniard Law Firm at Toll Free 504-521-6000 and an attorney will be more than happy to help you get the financial support you deserve.