April 06, 2015 - If you are one of the thousands of consumers affected by the 2012 Stryker hip recall, then you may have received a Broadspire Stryker letter. Broadspire is one of the largest insurance and claims adjusters in the world. The company was brought on board to protect Stryker’s interests, just as they protected the interests of Johnson & Johnson following the recall of the DePuy ASR metal hip implant. More than 20,000 Stryker Rejuvenate and ABGII hip devices were sold prior to the recall, and more than 4,000 lawsuits filed since the recall.
Who Received a Broadspire Letter?
Surgeons who implanted the Rejuvenate or ABGII hip devices may have received a Stryker Broadspire letter, however many of those surgeons may no longer be in practice or could have moved, meaning they would not receive a letter. Patients may also receive a Stryker hip Broadspire letter, although the same issues exist if there is not an existing valid address for the patient.
What is Broadspire Offering?
Essentially the Stryker Broadspire letter offers to pay the costs of Stryker hip revision surgery for the patients who suffered serious, adverse health effects related to their Stryker Rejuvenate or ABGII. In return for covering these healthcare costs, Stryker, through Broadspire, is asking that the removed implants be sent to them and that they have access to patient’s medical records. Many patients who are having trouble paying the many medical expenses associated with their Stryker hip revision surgery may have seen the letter as a godsend.
The Problems with the Broadspire Letter
It is important that all consumers who receive a Broadspire letter understand their ability to recover damages from Stryker could be significantly reduced if they sign the Broadspire letter. Many believe the ultimate goal of the Stryker Broadspire letter is to gain unrestricted access to patients’ medical records, ultimately reducing the liability of Stryker. While Stryker may have manufactured the Rejuvenate and ABGII hip implants, once the consumer pays for and has the device implanted into their body, it becomes that person’s property. Stryker is not entitled to have the removed device returned to them, and, in fact, it could severely damage the cases of those who agree to return the devices.
Broadspire Does Not Likely Have Your Best Interests at Heart
If you were harmed by a recalled Stryker hip implant and have received a Broadspire letter, remember—Stryker and Broadspire likely do not have your best interests at heart, and, in the end, are only seeking to reduce the amount you can recover from Stryker. Your medical records could be used against you at trial to show it was not the Stryker implant that was responsible for your health problems, but perhaps a pre-existing condition. Stryker could attempt to blame the failure of the Rejuvenate or ABGII on an underlying disease such as diabetes, a physician error during implantation, or even “misuse” of the implant (exercising too often or too strenuously). Stryker could even attempt to claim that you were overweight at the time of the implantation, therefore the failure of the device was your fault, rather than Stryker’s fault.
There is a Stryker hip settlement in place which will compensate those who have undergone Stryker hip revision surgery. The Stryker hip settlement offers Stryker hip monetary compensation to those who suffered Stryker hip failure. The agreement offers a Stryker hip settlement base award of $300,000, subject to certain Stryker hip settlement enhancements. In short, neither Broadspire nor Stryker is truly looking out for your interests, and you would be much better off speaking to an experienced Stryker hip lawyer who would fight hard to ensure your rights were fully protected.