Wednesday, December 12, 2012

Depuy allows pain and suffering claims in Australia. Will the US be next? (4 of x in a series)

First in the series can be found here:

Second in this series can be found here:

Third in this series can be found here:
What is the Depuy ASR Patient Compensation Programme (CP)?

The Compensation program is a way for you to seek compensation directly for the following:
  •  pain and suffering,
  •  if applicable, future costs,
  • out of pocket expenses and/ or
  • loss of earnings related to the ASR revision.
This is not to be confused with the customary Reimbursement Program (RP) for testing, treatment and surgery re the recall.  This is for compensation over and above that. 

The intermediary in Australia, Crawford and company (similar to Broadspire in the US) can do the following:
  • manage the CP
  • answer your questions re the CP
  • review the claims for the CP
  • evaluate your eligibility for the CP
  • assess the amount of compensation you might be elegible for
The RP  reimburses for PAST medical and out of pocket expenses
The CP is provides a payment for FUTURE costs for the bulleted items above.

If you accept an offer of compensation through this program, you will not be able to obtain any further or any future compensation payments through either the CP or the RP.

Next, I will look at how this compensation offer is determined. I can see this is going to take a lot more than 6 posts to cover this topic!  ugh!


Comment from Connie:  Well, I just wonder how you would ever accept an offer like this if there is no studies or evidence of what effects may result systemically from this implant.  That to me is the $1 million dollar question.  You could accept any amount of money but what happens if your future medical costs turn into an over run due to the damage that are  likely to result long term from these hips?

How do you come up with a price for Cancer recurrence?  I just have no idea.  Perhaps the issue of unforeseen systemic medical issues will be covered in this booklet?  We'll see.  If it isn't, there is no amount of settlement that will suffice.  Medical complications from this hip must be covered into perpetuity.  the patients can;t be liable for the medical expenses other wise, this whole thing is a waste of time.  Lets reserve our questions until we see all of the details of the plan.

If I get into treatment for my issue, my first 6 week program is going to cost $500,000.  Yes, IL2 is expensive stuff and it is the only option if you are looking for a cure with my disease state.

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