Cobalt-Chromium Toxicity Resource Center

How To Deal With Hip Manufacturers And Their Representatives

How To Deal With Hip Manufacturers And Their Representatives

At Kershaw, Cook & Talley, we represent numerous individuals who are dealing with hip manufacturers in order to receive compensation for expenses related to their failed prosthetic hip. Over the past two years, our clients asked a multitude of questions concerning the process, and whether or not they should deal with the hip manufacturer at all. This website attempts to answer the questions raised by our clients.

Will manufacturers of defective hips cover my expenses?

Answer: It depends. If your defective hip is a DePuy ASR or Stryker Rejuvenate, receiving some reimbursement immediately is a definite possibility. Specifically, the manufacturers of these respective implants will cover a small portion of expenses for people with their hips since both types of hips were officially recalled. Unfortunately, if you have a defective hip which is not recalled, it is unlikely 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 caused significant injuries.

Despite your hip implant type, it is essential to understand, 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 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 asked us whether or not they need to file a lawsuit since the manufacturers of their recalled hips supposedly agreed to “cover all their expenses.” The answer is yes. In addition, you should understand what manufacturers truly mean when claiming to cover “all of your expenses”.

Based on our clients’ experiences, the manufacturers of Stryker Rejuvenates and DePuy ASRs 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 the doctors, lodging for doctor or hospital visits, reasonable rehabilitation therapy, or any other out of pocket expense not covered by the insurance company, and other issues reasonably related to the recall of their hip. Manufacturers will also provide compensation for lost earnings incurred as a result of having to visit the doctor or undergo a revision surgery.

However, it is important to know what manufacturers will NOT cover. 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 covered by your insurance company. And, most importantly, they will not pay for any medical expenses, or lost earnings, you are likely to incur in the future. The pain and suffering associated with a revision surgery is substantial. Therefore, understanding what they will not cover is critical. It is also expected most of the injuries resulting from their defective hips will occur in the future. For example, many defective hip recipients have not undergone revision surgery and may not need one for several years. The manufacturers of recalled hips are NOT providing compensation today for injuries likely to occur in the future.

Time to get help!

Do you have an advocate looking out for your best interest?  At Kershaw, Cook & Talley, we represent hundreds of hip replacement patients who, for decades, continue to rely on our knowledge and expertise in fighting and winning cases in the mass tort and medical device arenas. All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page, or we invite you to give us a call, toll free, at 916-520-6639 for a confidential case review.

At Kershaw, Cook & Talley, we look forward to serving you and your family.

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