The DePuy XL Acetabular System artificial hip did not come with a warranty, but DePuy states it will compensate patients “out-of-pocket” expenses. This claim, though, needs to be analyzed more in-depth to see the entire truth behind DePuy’s claims. DePuy stated it will “cover reasonable and customary costs of testing and treatment if patients need services, including revision surgery if necessary,” but there are several steps a patient must do to qualify.
Firstly, documentation must be completed and submitted to verify eligibility for reimbursement, which requires proving they have the ASR implant. Then, according to DePuy, “the ASR patient has consented, if requested, to provide DePuy with x-rays, explants, and other related medical information after the revision surgery.” Therefore, in order to receive compensation for costs associated with medical procedures, patients must hand over their private medical records and physical evidence.
DePuy claims to provide expenses for co-pays, travel expenses and lost work wages. However, they also say “These costs will be more clearly defined shortly and are subject to review on a case-by-case basis.” Considering the hip failure has debilitated many, simply covering “out-of-pocket” expenses will not cover all costs which may additionally include caregiver wages, modifications made to the home, and assistive devices.
As a hip replacement recall lawyer, I hope you or a loved one affected by the hip recall quickly seek legal advice in order to evaluate your case and protect your rights.