J&J Hires Outside Counsel for DePuy ASR Hip Replacement Recall

Posted on September 20, 2011

According to recent news reports, Johnson & Johnson is hiring an outside firm to handle the recall of its DePuy ASR metal-on-metal hip implant.

This is an unusual move, as companies typically handle these matters with their in-house counsel and rely on the patient’s doctor to determine if a replacement is necessary. However, this decision means that the doctors chosen by the company Johnson & Johnson hired will determine if a replacement is necessary. That company is Broadspire Services Inc. While a doctor provided by the firm can’t override a personal physician, it does mean that funds can be withheld from paying for a revision surgery if the firm’s doctor does not believe a replacement is required.

Patients and lawyers are claiming that this move will limit Johnson & Johnson’s financial responsibility as well as patients’ access to replacement hips. DePuy officials maintain that the outside hire is simply to ensure that funds are distributed to those who require replacements directly related to the recall, and not for another reason such as a fall.

As a DePuy hip recall lawyer, I find this choice atypical. I believe this company needs to be held responsible for their actions and would like to provide legal services to anyone who has experienced pain and suffering as a result of this hip replacement. It is my hope that everyone who has been affected by this recall has access to medical treatment and revision surgery. If you have received a hip replacement, regardless of whether or not you’ve experienced pain, I urge you to contact a hip replacement recall lawyer. Statistics have shown that a majority of the DePuy hip replacements will fail, and the law limits the amount of time in which a claim can be filed. Action is necessary now to protect your rights in the future.

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