Johnson & Johnson Pays Doctors for Medical Records

Johnson & Johnson Pays Doctors for Medical Records

At the time it issued the hip replacement recall for the ASR XL Acetabular Hip System and the ASR Hip Resurfacing System, DePuy Orthopaedics released a guide for both patients and surgeons. In the document intended for those who may have received the devices, DePuy tries to reassure individuals that it plans to do the right thing and help those affected. The company promises that reasonable treatment and testing costs will be covered and encourages those impacted by the DePuy recall to contact the company directly through a toll-free number.

The guide intended for surgeons contains additional information that raises concerns and questions regarding Johnson & Johnson and its commitment to helping those who will require regular monitoring and testing and possibly undergo a painful and risky revision procedure. One item in the packet is a consent form intended for those who have received a recalled system. By signing it, the patient agrees to the following:

All medical records and x-rays regarding an initial or revision hip replacement procedure may be provided to DePuy. This includes everything from doctor's orders to records related to follow-up visits.

If a revision surgery is necessary, the defective device removed by the surgeon may be returned to DePuy.

All information collected by DePuy may be used for analysis.

An even more disturbing piece of information in the package for surgeons is that they are offered payment in exchange for each completed release submitted to DePuy. The company offers a sum of $50 in exchange for convincing a single patient to sign the form.

This situation raises two key questions. First, how exactly does Johnson & Johnson plan to use this information, and why is it so valuable to it? There have already been suggestions that DePuy is trying to blame the victims of the hip replacement recall. Gaining access to patient records would definitely be beneficial in this regard. During the analysis, it might conclude, for example, that the device failed because the patient did not follow the doctor's orders exactly. By obtaining the faulty device, they are taking away what could be a key piece of evidence in a hip replacement lawsuit. The second question is whether physicians will be willing to betray their patients' trust in exchange for $50. While some will surely refuse, there will likely be others who will be more than willing to take advantage of the situation.

It's clear that DePuy has no intention of protecting the victims of this unfortunate situation, and those affected by the hip replacement recall need to start looking out for themselves. No information should be released to DePuy under any circumstances, even upon the advice of a family physician or surgeon. If you've received a defective device you should contact a hip replacement lawyer from the Rottenstein Law Group as soon as possible to see if you are eligible for compensation.

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