DePuy’s Recall Reimbursement Plan Is No Substitute for Consulting with a Hip Implant Lawyer

A while back, we discussed how DePuy’s reimbursement plan would pay less to insurers, Medicare, doctors, and patients than lawsuits could. Today, we will delve into the specifics of DePuy’s reimbursement proposal and why it’s not a good deal for you.

In September 2010, DePuy outlined its reimbursement procedures. The company uses a phrase in its policy that you may have heard elsewhere, “reasonable and customary” expenses related to testing and a revision procedure. DePuy does not define what a “reasonable and customary” cost is, but it does detail its process of recalled hip implant recipients billing their insurers.

DePuy also claims it will reimburse documented patient expenses, including co-pays, lost work time, and travel expenses, but beware: DePuy will review your expenses on a case-by-case basis, meaning you may receive nothing or less than you would with a hip implant lawsuit. DePuy will not reimburse anyone who has their hip implants revised 7 years after the initial procedure, nor will it reimburse anyone for tests done five years after the recall (2015).

The statute of limitations for your hip implant case may still be running even if DePuy refuses to reimburse you for your revision procedure. More importantly, a hip implant lawsuit will also compensate you for a broader range of damages than DePuy is willing to reimburse you for. For example, DePuy will not compensate you for pain and suffering, travel expenses beyond those to the hospital for a revision procedure (such as physical therapy), and compensation for scarring or disfigurement. The categories of compensation you are eligible for will also not be subject to DePuy’s standards.

We’ve also discussed how DePuy’s ASR hip recall reimbursement process is also not as beneficial to you as contacting a lawyer. DePuy requires recalled hip implant recipients to contact its call center to initiate a claim. The calls are monitored, not for quality control as you may be used to, but to gather any information it can also use against you in a potential lawsuit against the company. DePuy will then ask you to release your medical records to the company (something that definitely won’t help you in a hip implant lawsuit), and if you’ve had a revision procedure, DePuy will ask for the removed ASR hip implant. Again, we stress that this is all evidence you should keep confidential with an attorney—not the company that designed your faulty hip implant.

DePuy’s reimbursement process requires paperwork, possibly surrendering your hip implant, and less compensation for you, your orthopedist, and your insurer than you may think. If you want compensation on a real case-by-case basis, have your case evaluated by a hip implant lawyer from the Rottenstein Law Group.