Wednesday, December 19, 2012

Depuy allows pain and suffering claims in Australia. Will the US be next (7 of 7)



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

This is the 7th and final synopsis of the Depuy ASR Patient Compensation Program (CP).

Common Questions  which I have not covered in the prior posts (Q and A found in the booklet)

1) will my medial costs be reimbursed if I don't participate in the compensation program?

 YES.  you will continue to be reimbursed through the normal  RP.  CP is only for expenses over and above the surgeries.

2)  Will I have to see a compensation program doctor? 

You might.

3)  What happens if I settle and later have more medical problems because of the ASR hip? 


YOU WILL NOT BE ABLE TO SEEK REIMBURSEMENT OR COMPSNATION FROM DEPUY OR ITS AFFILIATES FOR ANY FUTURE MEDICAL PROBLEMS DUE TO THE ARS HIP.  SETTLEMENT IS FULL AND FINAL.

4)  How is the level of compensation calculated?

there are two levels:

Level one:  You have undergone a revision and experienced a relatively straightforward recovery.

Level two: You have experienced a more complicated outcome following revision surgery.

A fixed amount of money has been allocated to each category.  Future economic loss (where applicable) will be individually assessed.

xxxx

[From Connie: I will say this again, I think this whole program is a bad idea due to the likely long term systemic effects of the metals.  I just don't know how you would quantify the long term medical implications of this issue.  No MD can tell you what that is and if an MD can't tell you that, how are you supposed to quantify it? any patients considering this program is rolling the dice in Las Vegas and we all know who the odds for coming out ahead are stacked against:  the consumer not the House.  Same here.  No difference.

Depuy is betting that a majority of people settle so that they can quantify thier losses.

The unveiling of this plan is really enlightening.  I am now wondering if the settlements which the MDL  in the US is seeking, somewhere in the $300K range I would suppose-my guess- is inclusive or exclusive of future  medical  complications and costs resulting from the metals? ]

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