In a website created by DePuy, a subsidiary of health-care company Johnson & Johnson, a claims process has been established aiming to reimburse hip recall victims for losses related to their injury. This was organized following the recall of their ASR XL Acetabular System and ASR Hip Resurfacing System. It was discovered that the hip replacement devices have an early 5-year failure rate in 13 percent of recipients.

It is a common assumption that filing a lawsuit against DePuy is less convenient that simply negotiating with the company and receiving the amount they provide. However, a closer look at the said process would uncover a couple of aspects that would give you the desire to reconsider going through with negotiating with DePuy.

Crawford and Company division, Broadspire, was hired by Johnson & Johnson to be its insurance and claims adjusting firm. Its task is to convince hip replacement recall victims to push through with reimbursement process making you sign a waiver that would grant the company the right to have access to your medical records. Your signature would then allow DePuy to use this information in whatever way they wish. Devaluating your claim would be easier if they get hold of your hip-related medical records.

DePuy claims it will repay “reasonable and customary costs of testing and treatment associated” the your hip replacement injury in return for signing the form. Additionally, individual incidents will be looked into and are “…subject to review on a case-by-case basis.” That would mean that it is all up to the company alone whether or not they would reimburse you and if they would, how much.

By contacting a lawyer and discussing the alternative, filing a DePuy hip replacement lawsuit, you greatly increase your chances of recovering a fair amount in compensation for all the monetary and non-monetary losses you have had to go through.  

 
Since the product recall of DePuy's leading hip implants, ASR XL Acetabular System and ASR Hip Resurfacing System, people have been scrutinizing the company and their previous and present actions. It has been narrated in reports that these devices have a flaw in its design that allows metal ions to leak into the the bloodstream and surrounding bone, tissue and sinew that triggers dizziness, hip pain, difficulty moving and cobaltism (cobalt poisoning). This has led to hundreds of lawsuits being filed against the orthopedic manufacturer.

However, the people who are actually in the brunt end of the failings of the hip replacement units each have a story to tell. It is important to see every case as unique even though their circumstances are similar. Here are four individuals who have been highly affected by the product recall.

Kim Horbas. Ms. Horbas went through a hip replacement surgery back in February of 2008. A 'clicking' sound coming from her hip was noticed a few months after the implantation. Deciding to consult her physician, it was then found out that her hip prosthesis have been damaged enough that she requires another hip surgery or what is known as a revision surgery.

Virgil Lewis. Pain was experienced by Mr. Lewis subsequently after being implanted with the ASR XL Acetabular System. Deciding to seek medical expenses, emotional upset and punitive damages instead of undergoing the claims process set up by DePuy.

Jacqueline Lum. The first plaintiff from Hawaii, Ms. Jacqueline Lum began feeling tremendous pain in her hip area making her take pain relievers so she can sleep at night. Additionally, toxic levels of cobalt and chromium were found in her bloodstream, an indication of metallosis.

Kathleen Margenau. In March 2008, Ms. Margenau had to subject herself to another hip replacement procedure after being implanted with an ASR XL Acetabular System. She also asserted that surgeons were not informed of the defect of the hip devices although the company had knowledge of it.

A common factor among these ASR hip recipients is that they chose to file a DePuy hip replacement lawsuit after being harmed by the implants. Seeking legal help would help you sort out your options and maybe gain you the compensation you needed.