Broadspire Services, Inc. Handling DePuy ASR Hip Implant Claims

Sept. 22, 2011 - PRLog -- Johnson & Johnson has hired BroadSpire Services, Inc., a case management firm, to handle the recall of its DePuy ASR hip implants by contacting patients and offering them medical coverage if they need a revision surgery performed.  Attorney David Ennis comments, “While it appears to be a friendly gesture, this clearly is a strategy being utilized to limit their (Johnson & Johnson) financial exposure and may not be in the best interest of the patient.”

In August 2010, DePuy issued a voluntary recall of the ASR Hip System, as the devices had suffered a very high failure rate.  Of the 90,000 ASR hip units sold worldwide, 40,0000 of them were used in the United States.  Broadspire has issued medical authorizations to some of the patients affected by these products in an attempt to gain access to any and all medical records, as well as allow the patient’s doctors to speak with the Broadspire’s doctors as part of the review process.

Victims of the DePuy ASR metal-on-metal hip implant need to understand the problems associated with this “attempt to settle” process.   First, signing a medical authorization waives a patient’s protected rights to medical privacy and the information obtained can actually be used against them in the review of their potential claim.  Additionally, while in some cases, Broadspire may determine that a revision surgery is necessary, they may only agree to cover the patient’s out-of-pocket costs, not all expenses.  They could also require the patient to have the revision surgery performed by a doctor on Johnson & Johnson’s payroll, as opposed to the patient’s own doctor.  Lastly, patients could also potentially be signing agreements that preclude them from filing a claim at all.

Attorney David Ennis expressed more concerns stating, “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 patient’s 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.  Contrast that with patients who hire an attorney.  The attorney has an ethical obligation to do what is in the best interest of their client. The client is also protected with attorney/client privilege.  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.”

Ennis & Ennis, P.A. recommends that anyone with a DePuy ASR hip implant to first seek the advise of an experienced attorney before signing any paperwork from a case management firm.

Ennis & Ennis is offering free, nationwide, confidential consultations to anyone who has a DePuy ASR hip implant or any metal-on-metal hip replacement system by calling toll free 1-800-856-6405 or by going to www.ennislaw.com and completing an online case evaluation form.

Ennis & Ennis, P.A. is a nationwide law firm with offices in Ft. Lauderdale, Miami and Washington D.C.  Ennis & Ennis, P.A. concentrates its practice in mass torts and represents individuals against pharmaceutical companies worldwide as well as medical device makers.

Ennis & Ennis, P.A. has been representing clients individually since 1986 and has recovered over $100 million in settlements for its clients.

Ennis & Ennis, P.A. is also investigating cases involving, Accutane, Actos, Avandia, Fosamax, Paxil, Zoloft, Prozac, Depuy Hip Recall, Zimmer Hip Recall, Depakote, Reglan, SJS/Dilantin, Yaz, Yasmin and Ocella Birth Control Pills and transvaginal mesh devices.

Remember the law limits the time in which you can file a claim, so don't wait to explore your legal rights.  Call today toll free 1-800-856-6405 or visit www.ennislaw.com.