In August 2010, DePuy Orthopaedics issued a recall of two versions of the ASR model artificial hip implant. In October2010, it was made public that Johnson &Johnson, the parent company of DePuy, announced that it had hired Broadspire, the world’s largest insurance and claims adjuster, to handle the lawsuits and claims related to the DePuy ASR Hip Implant recall.
Since being contracted by Johnson & Johnson, Broadspire has apparently been attempting to obtain the medical records of any patient affected by DePuy’s hip implant recall through the use of medical authorization forms. DePuy has sent thousands of these forms out alongside the recall letters to hip replacement patients worldwide. The forms request various types of personal information and the signature of the patient. These forms allow DePuy and other third party contractors to have access to the detailed information contained in patients’ medical records, including information about medical conditions and issues that are unrelated to the hip replacement recall.
Signing these medical authorization forms carries very real consequences for the patient. Specifically, by signing the form, a patient waives their right to medical privacy and any information that is released to DePuy can be used as evidence against them in any court proceedings related to their claims based on the hip replacement recall. There is a risk that such a broad release of information could be detrimental to the outcome of a patient’s hip recall claim and the amount of recovery obtained for DePuy’s medical errors. Patients are not alerted of this risk when they receive the recall letter and medical authorization form from DePuy.
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.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer in 2017, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys.