The Problem With Signing An Agreement With Depuy After The Hip Replacement Recall

With the recent DePuy recall, the Johnson & Johnson subsidiary has been making fervent

efforts at attempting to convince patients into accepting poor compensatory damages for access to their medical records and for the return of their defective implants after surgical removal. Patients should be aware of the dangers of signing any agreements with the company before consulting with a lawyer about their legal options.Parent company, Johnson & Johnson even faces more lawsuits over other untested products it manufactured.

DePuy has already initiated contact with patients who received defective implants, offering them reimbursements for any losses incurred due to these products. By using vague terms, the company is trying to convince patients that it will reimburse certain out-of-pocket expenses in exchange for simply signing medical releases giving DePuy authorized access to private medical records and forcing the patient to return the defective implant after corrective surgery.The harsh reality is that DePuy will only cover what they consider are limited and reasonable costs. What the company considers reasonable will most likely be equivalent to an amount significantly less than what the patient deserves to be compensated.

What this means to the patient is that they will be signing over their right to privacy and other significant legal rights in exchange for minimal to no financial compensation. There is no turning back once a patient has signed an agreement with DePuy since it becomes difficult to file any future hip replacement lawsuits with the company in order to be properly compensated.

DePuy may confront patients with reimbursement agreements directly through a company employee or indirectly through a licensed physician. By the request of the company, doctors may present their patients affected by the hip recall with paperwork regarding reimbursements which is a practice that is ethically questionable. It seems patients are more likely to sign over their legal rights especially if the paperwork comes from a trusted physician, which is why this practice has been challenged. With either circumstance, it is imperative that patients affected by this recall seek legal advice of an attorney handling hip replacement recall cases before signing any paperwork that is presented to them.

Patients may have already acquired additional expenses for necessary medical tests due to defective hip replacement implants, suffered from pain and reduced mobility, or needed corrective surgery to replace the original implant. They may also have obtained other damages such as loss of income, or have become at risk for these types of damages due to the hip implant recall. Patients should be aware of the risks of signing an agreement regarding the DePuy hip replacement recall.

by: Katherine Russel

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