Filing a Lawsuit Against DePuy
Patients who have suffered because of the DePuy hip replacement recall deserve to be justly compensated for their pain and suffering, medical expenses, and lost wages. If you were implanted with a DePuy ASR hip replacement device, it is important that you contact an attorney to file a claim before the Statute of Limitations in your state expires. The Statute of Limitations differs in each state and limits the time within which you may file a lawsuit. Although you may not currently have symptoms or pain, you may experience problems with the implant in the future and not be able to file a claim because the Statute of Limitations in your state might have already expired.
The majority of state cases filed against DePuy are consolidated in California state court and New Jersey state court, while federal cases are consolidated in the Northern District of Ohio. The federal cases are transferred in order to streamline pre-trial proceedings and to avoid duplicate discovery and inconsistent rulings from different judges. The cases will not be tried in Ohio, but after all the pre-trial proceedings are completed, will be transferred back to their originating court for trial.
Reimbursement for Out-of-Pocket Expenses with Broadspire
If you have out-of-pocket expenses associated with your DePuy hip replacement device, you can receive reimbursement. DePuy has hired Broadspire, a third party claims processor, to handle claims for patients with out-of-pocket expenses (these are usually expenses for medical treatments or services that were not covered by the patient’s insurance company, Medicare or Medicaid). If you do not have any out-of-pocket expenses, you do not need to file a claim with Broadspire. Because there are patients with medical expenses which were not covered by their insurance company, many firms, including Borri Law Offices, are working with Broadspire for reimbursement for their patients. Although you may be hesitant to release your medical records to Broadspire, filing a reimbursement claim will not affect your legal rights to file a lawsuit. It is recommended, however, that you contact an attorney before you sign a medical release form because it is best that communication with DePuy and Broadspire is done by your attorney.
