How To Deal With Hip Manufacturers And Their Representatives
At Kershaw, Cutter & Ratinoff, we represent numerous individuals who have been forced to deal with hip manufacturers in an effort to receive compensation for expenses related to their failed prosthetic hip. Over the past two years, our clients have asked us a multitude of questions about the process, how it works, and whether they should even be dealing with the hip manufacturer in the first place. This website attempts to answer the questions that many of our clients have raised
Will manufacturers of defective hips cover my expenses?
Answer: It depends. If your defective hip is a DePuy ASR or Stryker Rejuvenate, you may be able to get some reimbursement immediately. Specifically, the manufacturers of these hips have agreed to cover a small portion of the expenses incurred by people who have had problems with their hip. The reason for this is that both of these hips have been officially recalled. However, if you have a defective hip that has not been recalled, it is unlikely that the manufacturer will provide any reimbursement for your expenses. For example, patients with defective Biomet, Wright Medical, and DePuy Pinnacle hips are receiving nothing from the manufacturers even though their hips have caused significant injuries.
However, no matter what type of hip you have it is important to understand that, absent a lawsuit, manufacturers will only cover a portion of the actual expenses you are likely to incur. You must file a lawsuit if you want to receive full compensation for your injuries (see below).
What types of expenses will manufacturers cover and do I need to file a lawsuit if the manufacturer has agreed to cover all of my expenses?
Answer: Many clients have asked us whether they need to file a lawsuit since the manufacturers of their recalled hips have supposedly agreed to “cover all their expenses.” The answer is yes. To fully understand why, you need to understand what the manufacturers mean when they say “all of your expenses.” .
Based on our clients’ experiences, the manufacturers of Stryker Rejuvenates and DePuy ASRs have agreed to reimburse individuals for all “out of pocket” expenses incurred as a result of their defective hip. This would include any co-pays for doctor visits, the cost of chromium and cobalt tests, x-rays and MRIs, travel expenses to and from doctors, lodging for doctor or hospital visits, reasonable rehabilitation therapy, or any other out of pocket expense that is not covered by insurance and is reasonably related to the recall of their hip. Manufacturers will also provide compensation for lost earnings that may be incurred as a result of having to visit the doctor or undergo a revision surgery. .
However, what is important to know is what manufacturers will not cover. They are only covering out of pocket expenses that are actually incurred. The manufacturers do not provide compensation for any pain and suffering associated with revision surgeries or problems with your hip. They will not pay any medical expenses that are covered by your insurance company. And, importantly, they will not pay for any medical expenses or lost earnings you are likely to incur in the future. Understanding what manufacturers do not cover is critical since the pain and suffering associated with a revision surgery is substantial. Also, it is expected that for many people most of the injuries caused by their defective hip will occur in the future. For example, many defective hip recipients have not yet had a revision surgery and may not need one for several years. Manufacturers of recalled hips are providing no compensation today for injuries that are likely to occur in the future. .