subject: Recalled DePuy Hip Implant Recipients Should GAther Necessary Documents Before Filing Lawsuits Against DePuy [print this page] Recalled DePuy Hip Implant Recipients Should GAther Necessary Documents Before Filing Lawsuits Against DePuy
The case against DePuy Orthopaedics, the Johnson & Johnson company responsible for designing and manufacturing defective hip implants, appears clear. Recipients, aware of the harm caused to them, desire compensation, but the company's obvious negligence alone won't guarantee recovery for you. A good hip implant lawyer will tell you that you need to provide a variety of documents and materials demonstrating that you've been harmed by your recalled DePuy hip implant to prevail against it in a lawsuit. Here's a breakdown of what your hip implant lawyer will ask you to provide.
Medical Records: These should be the most obvious. Your medical records should include the dates of your hip implant surgery, and any preparation procedures, evidence that the implanted hip implant is one of the two types recalled by DePuy: the ASR XL Acetabular System or the ASL Hip Resurfacing System. Records documenting subsequent visits or "revision" procedures help too. Your hip implant lawyer will also want documents showing the names of the doctors or surgeons involved (plus your primary care physician), and the hospital your surgery and pre- and post-operation care took place. Finally, test results indicating high metal ion counts will also greatly aid your case. You may need to sign your hospital's or doctor's Release of Information form to access these documents.
Insurance or Medicare records: Somewhat related to the above, how you paid for the procedure, and how much you paid, are necessary in a DePuy lawsuit.
List of Expenses: Your hip implant lawyer will also need to know how much you spent on anything related to your recalled hip implant to claim other various kinds of damages, such as travel expenses, medication, crutches, and even hiring a caretaker.
Employment Records: You can claim loss of income from DePuy for any drop in your income due to its recalled hip implant. You can also receive compensation for limitations the implant's effects caused on your future employment.
Personal Evidence: Every piece of evidence that illustrates the severity of your pain will be useful to your case. Keep a journal documenting your pain and physical activities. Photographs, e-mails, and any other correspondence will also help. The goal is for you to claim pain and suffering damages in a lawsuit that DePuy does not want to pay you otherwise.
The Recalled Hip Implant: DePuy wants you to surrender your hip implant in the recall. Don't give it to them! The hip implant belongs to you. Its wear and weakness are your best evidence for claiming damages for pain and suffering from a DePuy hip implant lawsuit.
This is by no means an exhaustive list of materials you may need to gather before filing a lawsuit against DePuy. However, your hip implant lawyer will tell you what you need. It may seem difficult to file a lawsuit against a large corporation, but the attorneys at the Rottenstein Law Group want to help you through every step of the process of getting DePuy to compensate you for the harm its hip implants caused.
