Tuesday, December 18, 2012

Depuy allows pain and suffering claims in Australia. Will the US be next (6 of x)

First in the series can be found here: http://www.mydepuyhiprecall.com/2012/12/depuy-approaches-hip-patients-directly.html

Second in this series can be found here:http://www.mydepuyhiprecall.com/2012/12/making-claim-for-pain-and-suffering.html

Third in this series can be found here: http://www.mydepuyhiprecall.com/2012/12/pain-and-suffering-claims-allowable-in.html

What is the Depuy ASR Patient Compensation Programme (CP)?

Forth in this series can be found here:http://www.mydepuyhiprecall.com/2012/12/pain-and-suffering-claims-allowable-in_12.html

Fifth in this series can be found here:  http://www.mydepuyhiprecall.com/2012/12/pain-and-suffering-claims-allowable-in_16.html

The Evaluation Stage of your claim:

  It should take 8-12  weeks for the intermediary to process the claim.
  • the evaluation stage may be affected by clearances needed from authorities like Medicare, Veterans Affairs before anything can be paid to you.
  • Once that is cleared, the intermediary will send you an Offer Letter.
The Review Stage of  your offer

1.  Offer letter will be confidential and will specify the amount of money that the intermediary on behalf of Depuy will pay you for pain and suffering.

2.  Once the settlement amount is determined, you will be sent a settlement Deed which sets out the settlement amount and the full and final settlement terms.

3.  The types of compensation that may be offered:

  • pain and suffering (non economic loss)
  • future out of pocket expenses like medical treatment, medication, hospital expenses and reasonable travel expenses for your medical consultations testing or treatment to do with your ASR hip system.
  • future loos of earnings resulting from the ARS hip system and or
  • Future home care, nursing and /or domestic help costs directly related to the ASR hip System.
Obtaining legal advice

Depuy encourages you to seek independent legal advice about your Offer Letter and the Settlement Deed before accepting or rejecting an offer of compensation.  If you are eligible for the CP and receive an Offer Letter, you will be reimbursed up to $500 toward the cost of obtaining legal advise.  If you reject the offer, Depuy will still pay for the $500 toward the cost of counsel.
  • If you had already engaged a lawyer and incurred costs, those costs will be considered in your settlement.
  • Depuy has legal obligations via the law to reimburse the government  (medicare) and the VA directly, but.....this payment will not reduce the payment offered to you.  It will be be paid in addition to any amount offered to you.
  • If you have received other benefits, entitlements or payments  (workers comp etc) they may demand recovery of amounts from your settlement.  In such cases, Depuy may be legally obligated to pay amounts to them directly.
  • Compensation payment could also affect your social security payments.
Private Health Insurance (This is important)

  • If you have private health insurance, it is possible that your private health insurer will seek recovery of payments it has made which relate to your ASR hip.  [ from  connie:  I can assure you that in the US, these health care providers will do this and they should do this.  This reimbursement should be handled by Depuy.]  If you send the intermediary the notes of recovery, they will give consideration to the repayment of the insurer on your behalf as part of the RP in addition to your settlement.  [Why is this important?:  The insurance company isn't going to be left holding the financial  bag for the expenses which were incurred on your behalf from some mistake made by Depuy.]
Accepting and Offer [ from connie:  this to me is a big problem.  If you don't know the extent of your potential systemic injuries from this proceedure and you accept a settlement and then develop long term issues from it in the future, with this plan, you are out of luck girlfriend!]

  • Settlement Deed:  once you accept the offer of compensation, you will NOT be able to seek compensation from Depuy for either the CP or the hospital part which is the reimbursement program (RP.)  [ From connie:  So what are you going to do if you get sick from the systemic issues down the road like...........CANCER?  Who is going to pay for that if the insurance companies figure out that they are not liable to pay for it?  That to me is the show stopper with this plan.]
  • Opt out plan:  If you accept this deal, then you have to opt out of any court case you are in of course.
What If you disagree with an offer?

You don't have to agree with or accept anything.  You can change your mind up until you sign  and return the deed.

You get the money  a few weeks or so after you sign the settlement deed pending any govt claims


 From Connie:  Ugh!  I don't like this deal.  There should be  no circumstances whereby the future medical expenses should be limited period.  This is not a negotiable point.  If they want to pay for pain and suffering to date, that would be fine but you can't possibly give up your ability to collect money in the future for medical expenses that likely will result from the body's long term reaction to oxidative stress resulting from the Cr and Co.  It makes no sense.

We know that this process of Cr and Co results in oxidative stress.  We know that there are numerous publications on the relationship between oxidative stress and cancer.  I think I should just start publishing them.  Good idea.  Why don't I do just  that.  This is not a small "what if".  it is more an issue of "when" based on what I've seen in the literature.  That is why this deal is problematic to me.  That is my bottom line.

What's next in this series:  Q and A followed by how might I see dealing with this issue if i were running Depuy.

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