Maximizing Your Compensation In A DePuy Or Stryker Metal-On-Metal Hip Implant Case
When a patient has revision surgery to remove a defective DePuy ASR hip implant or a failed Stryker Rejuvenate hip stem, 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 health care needed because of someone else’s fault 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 laws require that the patient pay back Medicaid or Medicare upon receiving 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 a patient. After the recovery is made, the health insurance lien is negotiated and paid.
Without a skilled and experienced Stryker or DePuy ASR hip implant attorney, though, a patient is at risk of incurring substantial financial liability. If a patient accepts a settlement from Broadspire, 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, Stryker or Broadspire.
It’s important that you understand your rights. Call us at (415) 981-7210 or contact the Walkup firm online. We handle DePuy ASR hip implant lawsuits in California and nationwide.