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.

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.

Doctors Being Paid By Johnson & Johnson In Exchange For Access To Patients’ Records is a post from: WiredWriter

In accordance with the judicial order, Amended Case Management Order No. 4, plaintiffs can claim damages under 23 specific causes of action. Significant causes of action include:

• Simple negligence
• Strict products liability
• Breach of warranty
• Fraudulent misrepresentation
• Malice
• Violation of state consumer protection statutes

Plaintiffs are also allowed to write in other causes of action and claim these following damages:

• Injury to self
• Wrongful death
• Economic losses
• Loss of services
• Loss of consortium

DePuy is allowed 32 separate defenses for the master answer. Some of these defenses are retained from pleadings DePuy made in the first hip replacement lawsuits, which address limitations of damages, particularly punitive damages. The following are a few relevant defenses that DePuy may once again assert, including:

• Plaintiff assumed all risks associated with the use of his or her DePuy ASR device
• Plaintiff was negligent, careless, and at fault and conducted himself or herself so as to contribute to alleged injuries
• Plaintiff’s alleged damages are barred because of the plaintiff’s failure to mitigate them

These terms may sound reasonable to the average person, but they do have very specific legal definitions. Hip replacement lawyers must be able to prove all their client’s claims since DePuy will vigorously defend against them.Since there is such a wide range of available causes of action that recipients may assert against DePuy and the large amount of compensation at stake in all the types of damages, it is imperative that recipients find an experienced hip replacement lawyer that handles these types of cases. To speak to a lawyer at no extra charge, please visit the DePuy hip replacement lawsuit website for details.

DePuy Multidistrict Litigation Makes Parties File Complaints is a post from: WiredWriter