Giant Johnson & Johnson Facing Billions In Cost Over Artificial Hip Recall

FOR IMMEDIATE RELEASE
Marina Del Ray, California, United States of America (Free-Press-Release.com) September 21, 2011 -- Santa Monica, CA – September 21, 2011. JD Law Group and the law offices of John Donahue today issued an update on the ongoing issue of failed hip implants and their legal ramification. Victims of failed hip implants should contact JD Law Group as soon as possible by calling 1-888-736-4248 or by visiting http://www.hipattorney.org.

Medical industry giant, Johnson & Johnson, issued a recall last year on subsidiary, DePuy Orthopaedics Inc’s ASR hip replacement system. The decision to issue the recall was made after the system failed patients at a rate that was less than favorable. Since January of 2011, the FDA has logged over 5,000 reports on hip replacement devices. The New York Times states that roughly 75% of those reports have been on Johnson & Johnson’s recalled ASR device. Today, the company is facing in excess of 2,000 lawsuits due to the myriad of issues that this hip system has caused.

In what many view as a strategic move, DePuy has retained the services of Broadspire Services, Inc. This corporation specializes in the management of medical claims and, more specifically, workers compensation claims for a variety of companies. This company will be handling the administration of patient claims for DePuy’s recall related lawsuits.

DePuy’s choice has been the subject of much debate by both legal and industry experts. Many see it as a way for DePuy to gain access to patient records in an attempt to reduce their financial responsibility, while others view it as an efficient method of handling the claims process.

The lawsuits that have been filed thus far cite swelling, pain and dislocation, as well as issues affecting the heart, CNS and thyroid system. However, now physicians of Broadspire will be evaluating the patient to determine whether or not a replacement is necessary and whether or not that financial responsibility falls upon DePuy. What this means for patients who currently have a DePuy hip system is that surgery to replace the recalled hip device might not be a possibility for patients who don’t have the cash to afford it.

DePuy has made an additional unprecedented move that has come under close scrutiny in this current recall. In August of 2010, DePuy went as far as to make an offer to patient physicians. The actual package that doctors received included a letter to the physician making the request and offer of payment, an information packet, and a letter to the patient (created by DePuy) from the doctor requesting that the patient make an appointment with the physician. The letter further requests that the patient provide a signed release that allows information sharing with DePuy.

DePuy actually informed patient physicians that they would pay $50 for every form packet completed by their patients and returned to DePuy. Of course, DePuy denies any wrongdoing; claiming that this is typical practice to compensate physicians for the production of medical records. However, several physicians say otherwise; stating that they have never before been offered payment in exchange for essentially persuading patients to forego their rights to medical records privacy.

In May, the FDA finally ordered that a study be performed to further identify the safety, potential ramifications and any benefits of these types of devices. Unfortunately, countless patients have already suffered and many feel that the FDA’s decision on this matter came far too late in the game.

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