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.  


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