October 06, 2014 - Corrective Procedures for a DePuy Recalled Hip Device
If you have received a metal-on-metal hip and you suspect it could be a recalled DePuy ASR, you should check with the hospital where your surgery was performed, with your surgeon or with your regular physician in order to determine what type of implant you received. Should your symptoms be severe enough to warrant a revision surgery, it is important that you know of the potential risks involved with that procedure. Revision surgery is more complex than the initial hip implant surgery, lasting longer and resulting in longer recovery times. Because of this, the patient may suffer issues with anesthesia, moderate to severe levels of infection, pulmonary embolisms and even deep vein thrombosis.
Dislocation following hip revision surgery can occur, due to the weakened hip tissues surrounding the bone and the original ASR implant device. The hip bones are likely in a more fragile condition than they were during the first surgery and may have even deteriorated to alarming levels. One study placed the long-term risk of dislocation following hip revision surgery at seven percent. The longer recovery time required following an ASR revision surgery can lead to the patient requiring assistive devices such as a cane or a walker, and, in the case of patients who are employed, can wreak havoc with that employment. Long-term discomfort is generally higher following a revision surgery, and those who undergo revision surgery may end up with permanent, limited range-of-motion.
Who Will Pay For Your Revision and Other Expenses?
Initially, following the recall of the DePuy ASR, the company stated on their website that they would work with the public and private insurers—including Medicare—to establish a simplified process as a means of addressing financial claims. Those patients implanted with an ASR, who were having health issues related to the implant, were advised to call the DePuy ASR help line in order to initiate a claim. Recall-related patient out-of-pocket expenses would allegedly be covered, however many patients found out that DePuy avoided paying their claims by maintaining the patients’ health problems were not related to the recall, rather to prior medical issues, or such things as the patient being a diabetic, overweight, or overly sensitive to metals.
What is Broadspire?
Johnson and Johnson then brought in Broadspire, a third-party administrator for large insurance companies and employers; the company was brought on board in an attempt to quash the public outcry over the recalled ASR. The goal of a company such as Broadspire is to engage in damage control regarding those alleging harm by a device or drug—in this case, the DePuy ASR. What many ASR patients were not aware of was that when they signed the medical release presented by Broadspire, they were actually allowing the company to use this medical data to deny reimbursement claims.
Initially, Broadspire did implement a system of reimbursements of co-pays and deductibles to help out with medical expenses. However, due to the nature of that reimbursement process, it could be legally withdrawn or changed at will by Broadspire and DePuy. It is the belief of many attorneys (who are knowledgeable regarding the ASR recall) that the reimbursement system was set up solely to persuade hip implant patients to forego legal action against DePuy until the statute of limitations had passed.