As a supplement to the current DePuy hip replacement recall, the company released “guides” intended for both orthopedists and hip replacement recipients. The guide released to the recipients attempts to reassure them that the company will make amends for the damages and harm done by the defective devices. DePuy promises to compensate recipients for what they consider “reasonable” treatment and testing costs under the stipulation that these recipients utilize DePuy’s toll-free, non-confidential “help line” to file a claim with the company.
In contrast, the guide given to orthopedists is not intended to reassure anyone, but contains specific instructions for these physicians. A consent form is included in the guide meant for the surgeons to give to their patients that had received the defective implant so that they may sign the form to be returned to DePuy. Patients that consent to sign the form are then legally required to perform the following tasks:
1. Allow DePuy to have access to all medical records and x-rays regarding an initial or corrective hip replacement procedure, including everything from doctor’s orders to records related to follow-up visits.
2. Submit the DePuy ASR device extracted during correctional surgery to DePuy.
3. Give permission to DePuy to use any collected information for analysis.
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Even more alarming, surgeons are being offered payments of $50 in exchange for having their patients complete releases and then submitting them to DePuy.
The consent form and the payment incentive are two disturbing components contained within the surgeons’ guide that raise a number of issues. The first concern is regarding the intentions of DePuy and its parent company with how they will utilize this information.The medical records of these patients are critical evidence in a DePuy lawsuit and the company could use this information to prevent being held liable if they can demonstrate that the patient was at fault for not following doctor’s orders to the letter. Another concern is that Johnson & Johnson would be breeching doctor-patient confidentiality by paying doctors to encourage patients to fill up and submit claim forms.
Johnson & Johnson is paying doctors for access to patients’ records to be used against them in future hip replacement lawsuits. Patients who received defective devices should protect themselves and their rights by contacting a hip replacement lawyer to get the compensation they are entitled to. For more information about ongoing litigation, go to the DePuy recall website for details.