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No Favors For Depuy Hip Replacement Recall Victims From Broadspire

Johnson & Johnsons (J&Js) hiring of the BroadSpire Services Inc

. to handle the DePuy hip replacement recall was met with heavy criticism. Some critics were of the opinion that J&J is outsourcing the recall so it could cut down on the expenses entailed in facing all complaints filed following the recall. J&J will be hard pressed to prove its claim that the recall will not have a material adverse effect on its finances in the wake of medical device excise tax that prompted some artificial joint manufacturers talking of offshoring.

Undergoing a revision surgery is the only way to remedy those affected by the DePuy recall. Broadspire is a firm that manages workers compensation and other medical claims on behalf of insurance companies and employers. In handling the DePuy recall, BroadSpire would offer medical coverage to patients implanted with the DePuy ASR hip replacement who would need to undergo a revision surgery.

It has been alleged that with BroadSpire issuing medical authorizations to some of the affected patients, it is attempting to gain access to medical records which J&J would not normally get a look at unless the patient was represented by an attorney. BroadSpires move also allowed the patients doctors to speak with their doctors as part of the review process. Signing a medical authorization may not be to the patients benefit because it waives their protected rights to medical privacy and the information obtained can actually be used against them in the review of their potential claim.

If BroadSpire determines that a patient may need a revision surgery, they may only agree to cover the patients out-of-pocket costs, not all expenses that an affected patient is entitled to. They could also require the patient to have the revision surgery performed by a doctor on J&Js payroll, as opposed to the patients own doctor. Worst, patients could also potentially be signing agreements that preclude them from filing a claim at all.


Attorney David Ennis said Broadspire is paid to protect the interests of Johnson & Johnson, not the patient. There are several issues associated with that, such as whether or not the patients health insurance and/or Medicare are going to require money back from any settlement through Broadspire or whether Johnson and Johnson will satisfy any associated liens.

By getting an attorney, Ennis said that patients would be assured that the attorney has an ethical obligation to do what is in the best interest of their client, who will be protected with the attorney/client privilege. According to Ennis, There are many complicated legal issues in these Mass Tort cases that need to be handled by an experienced attorney who deals with these issues on a daily basis.

The noise created by the hip replacement recall is not expected to die down soon because there were 93,000 people worldwide who received the DePuy hip implants. More complaints are expected to be filed especially that DePuy accounts for nearly 4,000 of the 5,000 complaints received by the US Food and Drug Administration (FDA) since January so far.

by: Katherine Russel
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No Favors For Depuy Hip Replacement Recall Victims From Broadspire Anaheim