Monday, December 10, 2012

Depuy allows pain and suffering claims in Australia. Will the US be next? (3 of x in a series)

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

The next 6  posts will cover: ( I might change the order of coverage given the booklet doesn;t cover these in exactly this order.)
  • what this compensation program is about
  • who is eligible for it
  • how to make the claim
  • what information is required to make a pain and suffering claim
  • how your claim will be evaluated
  • When a compensation offer will be made
the purpose of the guide that has been provided to the Depuy hip patients in Australia in order to make compensation claims beyond the actual surgical expenses directly to Depuy instead of pursuing legal action. This program is made as an alternative to the court system.

Points made up front in the intro:
  • Making a claim for compensation does not stop you from making a future legal claim against Depuy.
  • However, if Depuy makes you and offer and you accept it, this will be a binding full and final settlement of your calim and means that you will not be able to take legal action in relation  to your hip against  Depuy in any way in the future.
  • In considering your claim, Depuy is not admitting liability.
  • The details of your claim and DePuys consideration of it will be confidential.
A claim will go through at least two stages:

1) submission-your claim is received and checked.
2) Evaluation:  Your claim is evaluated to determine whether you are eligible for an offer of compensation.

If you are eligible, your claim will go to a third stage:

3.  Review:
  • You are offered an amount of compensation that the company believes reflects your circumstances and you review the offer
  • If you agree with the offer, you return you signed Settlement Deed.
  • Once these documents have been accepted by DePuy, you receive your compensation.

xxxx

 From Connie:  I have lots of questions but lets go through each of the following 6 sections of the Depuy offer to the patients in Australia to see what the details of the program are.  Stay tuned for the next 6 days and I will summarize the points for you.

There is no such offer on the table in the US but one might certainly expect to see one if they are already making the offer in Australia.

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