Sunday, December 16, 2012

DePuy allows pain and suffering claims in Australia . Will the US be next? (5th 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)?

Forth in this series can be found here:

What is required to submit a claim?

If you wish to apply for pain and suffering type claims through CP program, you will have do the following:

  • Fill in a consent form.
In doing so, you must provide copies of your medical records,  x-ray results and information about the ASR hip components that were removed and any tissue samples taken for analysis.

It is noted that they want the right to  obtain information directly from the surgeon or the hospital where  the surgery took place.  They note that they will not user the documents created for the purpose of the compensation programme against you in current or future legal proceedings.  "However if pre-existing documents are relevant to your personal circumstances, such documents may be used by Depuy or its affiliates."

[From Connie:  if they question whether the pain and suffering was a result of the revision surgery due to some pre-existing condition, they may want to see those records as well? That seems like a reasonable request.]

In order to be leibigle, your post-revision condition must be stable. [from connie/I have no idea how anyone could possibly answer this question in the affirmative.  No one can possibly know if there condition is stable given there is so much question about the effects of long term systemic issues.  Just recall the article that I published over a year ago called the "Silent pathology:    "]

Special Circumstances:

If you have experienced extraordinary and significant complications or injury due to your ASR or if your surgeon has advised you not to have revision surgery because of your age or other risk factors, Depuy will discuss the compensation with you directly outside the compensation program.

Other documents you may need to supply

1. Describe  the pain and suffering you have experienced
2. List the financial losses that you think you may suffered
3. Any other medical expenses.

The Next post will discuss the  evaluation stage of your claim.

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