subject: A Hip Replacement Lawyer May Be Necessary for Full Damage Recovery [print this page] A Hip Replacement Lawyer May Be Necessary for Full Damage Recovery
Your replacement hip was supposed to provide relief from the pain you experienced before undergoing surgery. But now, DePuy Orthopaedic's recall of the ASR XL Acetabular System and the ASR Hip Resurfacing System has provided a new reason to be concerned about your health. That's because 1 out of 8 recipients of an ASR hip will need to have a second hip replacement surgery (a revision surgery) within five years of implantation. This information, provided by the National Joint Registry for England and Wales, was the driving force behind DePuy's August 26 ASR recall.
At the very least, ASR recipients will need to undergo testing to determine whether their hip implant is functioning properly. It is recommended that you schedule an appointment with your doctor for testing even if you are not currently experiencing pain or other side effects from your hip. For roughly 12.5 percent of ASR recipients, an invasive and painful revision surgery will be necessary.
If you are one of the approximately 90,000 patients affected by the DePuy recall, you may have already learned that DePuy has offered to pay for the costs of testing and treatment related to the recall. On its website the company states it does, " not want cost to be a barrier to treatment" and it " intends to cover reasonable and customary costs of testing if you need services associated with the recall of ASR."
This news may come as a relief. That is, until you read about DePuy'sdeceptive claims process that is intended to minimize your chances of recovering compensation. Not only that, but DePuy has sole discretion over which patients receive compensation, and in what amount. In the end, even if you have a valid claim and deserve to be reimbursed for costs, there is a chance that you won't receive anything.
You do, however, have another option. DePuy has a legal obligation to reimburse you for any damages its product caused. A hip replacement lawyer can help you recover compensation by filing a lawsuit against DePuy. RLG principal Rochelle Rottensteinrecentlyidentified the types of compensatory damages you could be entitled to, which include the following:
Medical costs:including hospital bills, physical therapy, follow-up appointments with your doctor, hiring a caregiver, tests on your hip (including blood tests, x-rays, and an MRI), and revision surgery.
Travel costs: any costs related to travel to and from your doctor, medical specialist, or any other place you travel to for tests and/or treatment related to the ASR recall.
Pain and suffering: this includes mental anguish, physical pain, the inability to enjoy your life as you once did, loss of independence, and damaged relationships.
Loss of income: any past, present, and future lost wages related to your ASR testing, treatment, and recovery.
Disfigurement and scarring: caused by your revision surgery.
Anyone who received a hip implant after July 2003 was potentially implanted with an ASR device. To find out what brand your implant is, call your doctor or the hospital where your surgery was performed. If your doctor confirms that your implant is an ASR, your next step should be to contact ahip replacement lawyer. A lawyer can advise you on the best way to proceed with your ASR claim and protect you from taking any action that will hurt your chances of recovering compensation. Without representation, you face an uphill battle against a corporate giant.
