The Effects of the Broadspire Letter on Recipients

waive the patient’s “future claim” rights in return for DePuy covering medical expenses related to the ASR, including revision surgery if necessary. Many recipients of the DePuy ASR were so relieved to have some of their medical expenses covered that they immediately filled out the form and sent it in to Broadspire and now may be wondering if they signed away very critical rights in the process. In fact, some individuals who received an ASR implant are experiencing problems with their Broadspire claim(s).

Who is Broadspire?

Broadspire is a third-party risk management administrator for large insurance companies and employers such as DePuy Orthopedics and Johnson & Johnson. It is hard for those who have been harmed by the implant to understand the lengths such large corporations will go to in an attempt to save money. Johnson & Johnson and DePuy have given Broadspire orders to lower the profile regarding the public outcry over the metal-on-metal hip implants to the extent possible. In an attempt to do just that, Broadspire is gathering sensitive medical information on recipients of the DePuy ASR hip implant via their “generous” offer to cover medical expenses related to the implant.

Information Regarding Broadspire

Those in the legal profession are certain that there are few truly generous motives behind Broadspire’s offer to cover medical expenses in those harmed by the implant. It is much more likely that the letter is an attempt to minimize DePuy’s eventual liability related to the ASR recall. Recipients of the ASR hip implant should be aware that Broadspire will not compensate them for the levels of pain and suffering and additionally have set very strict limits on the economic damages they will pay out to patients. In fact, it is believed that privileged medical records collected by Broadspire and dissected by the medical professionals on their team will be used strictly for the benefit of Johnson & Johnson and DePuy in the case of lawsuits. It is also possible that the benefits, minimal as they are, may even be discontinued once the statute of limitations runs – (August of 2012 in 2 year statute of limitation States.)

What You Must Know

Even though Broadspire will not compensate patients who received an ASR for pain and suffering, an attorney who is knowledgeable about the ASR recall may be able to secure a higher recovery for victims of the flawed medical device. Although Broadspire sent out letters to the known recipients of the ASR, it is entirely possible they may have missed patients, especially those patients who have relocated since their initial ASR surgery. Many doctors do not have computer systems capable of sending letters out to ASR recipients, and in any case the doctors may not know whether their patient received an ASR or another type of hip implant during their surgery since tracking those implants was not the norm.  What this means is that there may be a significant portion of those who received an ASR metal-on-metal hip implant who were not notified of the recall or of the potential benefits offered by a Broadspire claim. Anyone who received a metal-on-metal hip implant should contact an experienced attorney promptly before the statute of limitations has run in order to have their potential ASR case evaluated. Regardless of whether you have signed a Broadspire medical release form or not, it is definitely in your best interests to discuss your unique case with an attorney.

What if you already signed up with Broadspire?

Many patients jumped at the opportunity to have Broadspire cover their medical expenses for treatment and possible ASR hip replacement surgery, have signed up with Broadspire, and signed possible waiver forms only to find that other similarly situated ASR hip recipients hired an attorney and have the potential to recover additional compensation.  Not to worry.  If you have already received a claim number from Broadspire, an experienced device litigation firm has ways to possibly revoke previous authorizations you may have signed and put you in line for possible additional compensation.  Please contact an attorney that is experienced in this area of the law immediately as you will lose that ability to collect claims that you would otherwise be entitled to if the statute of limitations runs in the state that you reside.