Should You Surrender Your Depuy Implant Before Speaking With A Hip Replacement Lawyer?

Soon after DePuy Orthopaedics announced a recall of the ASR XL Acetabular System

and the ASR Hip Resurfacing System, the company offered to pay for the related costs of testing and treatment. For some patients, this means having the status of the replacement ASR hip they received evaluated through tests that may include blood work, X-rays, and an MRI. For about 1 out of 8 patients, these tests will reveal a failing implant that needs to be replaced through a revision surgery.

No matter what procedure(s) you must undergo, whether it be tests alone or tests and a second surgery, DePuy asks that you follow the companys claims process, which is outlined on its Web site. The steps of this process are as follows. First, after your doctor has confirmed you are an ASR recipient, you call DePuy to begin the claims process. Next, you will be contacted by a claims representative. This representative will send you a letter of payment authorization, an ASR claim number, and a medical authorization form (which you sign and return to DePuy). Then, upon visiting your orthopedic surgeon for testing and/or treatment, you provide him or her with the letter of payment authorization. Finally, you submit any expenses and documentation to the claims processor for review for eligibility.

DePuy would have patients believe that this is all that is required for reimbursement of out-of-pocket expenses. There is, however, another aspect to the claims processone which has caused considerable confusion for patients who require revision surgery. What is to become of your extracted, defective DePuy hip replacement?

The answer to this question can also be found on DePuys Web site, although not under the section designed for patients. In the surgeon information portion of its site, DePuy asks the following of doctors: DePuy Orthopaedics, Inc. requests your assistance in retaining explanted DePuy ASR and ASR XL Hip System components.

Why would DePuy want your hip? The company claims it is to run tests. While this may be true, you should understand that any tests it runs will most likely be to determine whether you can somehow be blamed for the failure of your hip and any injuries and losses that you subsequently suffered.

Keep in mind, however, that the extracted hip is your property, and you do not have to relinquish it. In fact, DePuy admits as much on its Web site when it states: Collection and inspection of explanted components and tissue samples require prior written patient authorization.

The decision to retain your implant or hand it over to DePuy is ultimately yours. But if you have any questions or are unsure of the best course of action for your situation, you should speak with a DePuy hip replacement lawyer. It is also recommended that you do not sign any documents provided by DePuy until you have a chance to review them with a hip replacement lawyer.

by: Katherine Russel

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