DePuy Hip Recall And Medical Release Forms
Burg Simpson is currently investigating claims regarding the recent DePuy ASR Hip recall. It has come to our attention that some doctors and medical facilities are writing to patients asking them to register for a claim number and to sign a medical release form, authorizing the disclosure of their health records.
Anyone who thinks that they have a product liability claim against DePuy should NOT SIGN ANYTHING, without first contacting an experienced attorney.
In our opinion, DePuy’s ‘offer’ may deceive potential claimants into believing that the company has actually agreed to advance or reimburse their costs for medical monitoring or revision surgery. In fact, no specific offer to pay medical costs has been made and no specific plan for reimbursement has been announced. Moreover, DePuy has stated that before reimbursement of expenses will be provided, it will review the patient’s medical records to determine if the patient meets DePuy’s criteria for payment.
According to DePuy, the medical records must confirm that the revision is related to the ASR recall and ‘not some other type of cause, such as a traumatic fall.’ Blaming the device failure on a fall, or another cause, such as physician error, pre-existing condition or underlying diseases is a standard litigation defense.
If you or a loved one has experienced serious pain or required corrective surgery following DePuy ASR XL Acetabular System implant, you may be entitled to compensation. Our award-winning medical device attorneys would be happy to review your records to determine whether you have a viable case against DePuy Orthopaedic Inc. Call toll-free 1-888-895-2080 to schedule a free consultation today
