At Kershaw, Cook & Talley, LLP, we represent numerous individuals who are dealing with hip manufacturers to receive compensation for expenses related to their failed prosthetic hip. Over the past two years, our clients asked a multitude of questions concerning the process and whether or not they should deal with the hip manufacturer.
Broadspire is a “third party claims administrator” hired by DePuy and Stryker to help deal with approximately 90,000 individuals who received recalled DePuy ASR and Stryker Rejuvenate prosthetic hips. Their role is analogous to an insurance claims adjuster. Specifically, DePuy and Stryker retained Broadspire to obtain information from people implanted with recalled ASR and Rejuvenate hips. This attempt confirms whether people, do in fact, have recalled hips. Its adjusters then determine the compensation paid to individuals for their various out of pocket expenses. It is essential to comprehend that Broadspire works for the hip manufacturers. As a result, anything you share with a Broadspire adjuster can, and maybe, used against you once you are involved in subsequent litigation. Therefore, keep this in mind when communicating with any Broadspire employee.
Based on our client’s experiences, Broadspire agreed to reimburse claimants for all “out of pocket” expenses incurred as a result of the ASR and Rejuvenate recalls. This includes any co-pays for doctor visits, the cost of chromium and cobalt tests, x-rays and MRIs, travel expenses to and from the doctors, lodging for doctor or hospital visits, reasonable rehabilitation therapy, or any other out of pocket expense not covered by the insurance company, and other issues reasonably related to the recall. Broadspire will also provide compensation for lost earnings incurred from doctors visits or undergoing revision surgery.
However, it is important to know what Broadspire will NOT cover. Broadspire does not provide compensation for any pain and suffering, or other problems, associated with revision surgeries for your hip. It will not pay any medical expenses covered by your insurance company. And, most importantly, it will not pay for any medical expenses, or lost earnings, you are likely to incur in the future. The pain and suffering associated with a revision surgery is substantial. Therefore, it is important to understand what Broadspire will not cover. It is expected that most of the injuries resulting from their recalled hips will occur in the future. For example, many ASR and Rejuvenate recipients have yet to undergo revision surgery and may not need one for several years.
Broadspire provides no compensation today for injuries likely to occur in the future. Additionally, Broadspire is not providing reimbursement for any expenses the insurance companies pay. Most health insurance companies have a right to reimbursement for your treatment to resolve your injuries. For example, if your insurance company paid $50,000 for your revision surgery and you receive $50,000 to settle your ASR or Rejuvenate case, your health insurance company has the ability to collect the entire $50,000 you received from Broadspire. Therefore, you should understand this if you have an inclination to settle your case directly with Broadspire.
It depends. Presently, Broadspire does not require ASR or Rejuvenate recipients to release any of their claims against the manufacturers in exchange for receiving reimbursement for out of pocket expenses. However, there is no guarantee this practice will continue. Therefore, we recommend all of our clients have their documents reviewed by an attorney before submitting them to Broadspire.
Yes. Presently, Broadspire will only pay a small portion of your actual damages. It is not paying for any pain and suffering, it is not reimbursing your health insurance carrier, and it is not paying for the medical care you may need in the future. DePuy and Stryker have absolutely no legal obligation to pay you anything. Without a pending lawsuit, your right to recover these damages is not protected.
No! All states have statutes of limitations requiring people who suspect they are injured by a product to bring a lawsuit within a certain period of time. In many states, this time period is 2 years while in some it is only 1 year. DePuy and Stryker have no obligation to pay you anything once the statute of limitations expires on your case.
It is also critical to understand determining when, or how, someone is “injured” is subject to many interpretations. We expect DePuy and Stryker will claim that you should have suspected you were being injured by your hip on the date you learned that it was potentially shedding metal particles into your body. For most people, this date will be August 2010 (for the ASR) and June 2012 (for the Rejuvenate). Therefore, in order to protect yourself and ensure that you will receive compensation for surgeries and injuries that may occur in the future, it is critical you file a lawsuit soon. In any event, it is critical to discuss this issue with an attorney immediately which will ensure you are fully protected.
As long as you do not agree to release any of your claims against DePuy or Stryker, accepting money from Broadspire should have a minimal impact on your case. We expect the hip manufacturers will most likely require that any future settlement be reduced by any amounts paid to you by Broadspire.
It depends. If you retained an attorney who is monitoring your interactions with Broadspire, and is making sure your rights are protected, it may be all right to deal with Broadspire in order to receive compensation for out of pocket expenses. The key is making sure you have an advocate working on your behalf for your Stryker hip implant problems.
Do you have an advocate working on your behalf for your Stryker Rejuvenate or Stryker ABG II hip problems? All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page or we invite you to give us a call, toll free, at 888-635-3970 for a confidential case review.
At Kershaw, Cook & Talley, LLP, we look forward to serving you and your family.