File a Hip Replacement Lawsuit or Accept DePuy’s Compensation Offer?: "Along with the hip replacement recall, DePuy is offering to settle claims against it by people it harmed. But just what does DePuy consider your injuries worth? Answer: Not as much as you can obtain by consulting a hip replacement lawyer.
In October 2010, Johnson & Johnson, DePuy’s parent company, began working with Broadspire, a subsidiary of Crawford and Company, the global insurance provider. Broadspire serves Crawford as an insurance and claims adjusting firm, and with DePuy it is trying to convince recipients of the ASR XL Acetabular System and the ASR Hip Resurfacing System to release their medical records to the companies. DePuy’s goal is to use your medical records against you in a hip replacement lawsuit should you choose to file one.
For your medical records, DePuy claims it will pay you “reasonable and customary costs of testing and treatment” related to the hip replacement recall. These payments will be subject to a case-by-case analysis, and DePuy has not clarified what it thinks is “reasonable and customary.” By settling with the company outside of a hip replacement lawsuit, DePuy will ensure that you receive the least amount of compensation it can get away with giving you. Costs such as pain and suffering, transportation costs to and from medical providers, loss of companionship with your spouse, and lost wages will not be covered. Once you sign the agreement, you may even waive any right you have to filing a hip replacement lawsuit against the manufacturer."
