The DePuy ASR hip replacement device recall saga that began in August 2010 continues to present frustrating challenges to patients who have the device implanted and are wondering what to do next. Studies and hospital reports have demonstrated a 13% failure rate on the devices. Over 93,000 patients around the world have the devices implanted, which means about 12,000 people will likely face a second surgery to remove and replace the devices, a Burnt Orange Report article notes.
With lawsuits pending across the nation, the question of who will pay for the enormous medical costs of the recall still hangs like a black cloud over DePuy. The company promises to consider each case individually and to later decide what costs, if any, it will cover.
The official DePuy recall website says, “DePuy intends to cover reasonable and customary costs of testing and treatment associated with the ASR recall, including revision surgery if it is necessary.” … “These costs will be more clearly defined shortly and are subject to review on a case-by-case basis.” DePuy is not currently legally bound to provide compensation for the devices. Patients are urged to keep their medical records private and consult an experienced attorney before signing any documents or making any agreements with DePuy.
The DePuy site further states, “Bills for services should first be submitted to your insurance company or payor (public or private) in the usual manner. DePuy will then reimburse you for your reasonable out of pocket expenses and your insurance company or payor (public or private) for customary and reasonable expenses related to the ASR recall.”
It remains to be seen whether DePuy will reimburse individuals or their insurance companies for expenses. Earlier this month, DePuy reportedly told a Gulf War veteran and other patients who had received the implants that they caused their own injuries and that the company would not reimburse them, the Burnt Orange Report article said.
DePuy Staff. (October 21, 2010) “ASR Hip System Recall Guide for Patients: Treatment.” Retrieved on October 21, 2010 from the DePuy ASR Recall web site.
Be_devine. (October 17, 2010) “Will Texas Medicaid End Up Paying For J & J’s Hip Replacement Recall.” Retrieved on October 21, 2010 from the Burnt Orange Report.