Can I Settle My DePuy ASR Hip Implant Case With Broadspire?
There has been some suggestion that DePuy and Broadspire may attempt to resolve claims directly with DePuy ASR patients-before they are able to retain an attorney.
The motivation a large company such as DePuy has in this situation is unsurprising. By resolving a DePuy ASR hip implant case with a patient before that patient can hire an attorney-and without the patient understanding the value of his or her case and the implications of settlement-DePuy stands to save many millions of dollars.
While it is not possible to predict the value of DePuy ASR hip implant cases at this point, it is clear that having access to the resolutions of many cases will provide the best picture of the value of defective DePuy ASR hip implant cases. This access is available to DePuy ASR hip implant attorneys and to DePuy itself.
When a patient resolves his or her DePuy ASR hip implant case directly with Broadspire or DePuy, the patient forgoes access to the knowledge held by DePuy ASR hip implant attorneys, and instead relies on Broadspire and DePuy. Broadspire and DePuy, of course, have every incentive to avoid telling an unrepresented DePuy ASR hip implant patient the true value of his or her case. A DePuy ASR hip implant attorney, on the other hand, has every incentive to maximize the value of each and every one of his or her client's cases.
Not only does an unrepresented DePuy ASR hip implant patient risk settling his or her case for a fraction of its value, the patient may also incur significant liability in the form of medical liens.
When a patient has a revision surgery to remove a defective DePuy ASR hip implant, the patient's medical insurance company pays for that procedure. Included in the patient's contract with his or her insurance carrier is a promise that if the insurance carrier pays for healthcare due to the fault of someone else, and that patient receives compensation due to that fault, the patient must pay back his or her health insurance company. If a patient has Medicaid or Medicare, state and federal law require the patient to pay back Medicaid or Medicare if they receive compensation.
When our ASR hip implant attorneys handle a case, we ensure that the lien from the medical insurance company is factored into the full recovery made by the patient. After the recovery is made the health insurance lien is negotiated and paid.
Without a DePuy ASR hip implant attorney, though, the patient is at risk of incurring substantial financial liability. If the DePuy ASR patient accepts a settlement from Broadspire or DePuy, it is very likely that receiving this compensation will trigger the patient's obligation to pay back his or her health insurance company. The patient, unfamiliar with the laws applicable to handling a medical lien, may fail to account for paying back the medical lien when accepting a settlement. The result could be that the patient creates liability to pay back a medical lien that could easily exceed the full value of the settlement from DePuy or Broadspire.
In short, patients with defective hip implants should speak with a DePuy ASR hip implant attorney about their rights long before considering settlement with Broadspire or DePuy.
If you received an ASR hip implant and are experiencing problems, you may qualify for compensation for physical damage, additional surgeries and your pain and suffering. Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to a DePuy hip recall lawyer with experience handling defective medical device cases nationwide. It's important that you understand your rights. Call the law office of Walkup Melodia toll-free at (888) 799-3968, or contact us online. We handle DePuy ASR hip implant lawsuits in California and nationwide.
