Since announcing the voluntary recall of the ASR Hip Implant devices in August of 2010, DePuy has set out to limit their liability for not taking the ASR Hip Implant devices of the market sooner.
DePuy's Letters to Doctors
In DePuy's initial letter to physicians notifying them of the recall of the DePuy ASR Hip Implant devices, DePuy announced their plan to limit their liability. The letter states:
"Financial Support for Patient Follow Up
DePuy intends to cover reasonable and customary costs of monitoring and treatment for services, including revisions, associated with the recall of ASR. Diagnostic testing, as recommended by the MHRA, may be used when surgeons have concerns about a patient with the ASR System. The procedure for the reimbursement process will be provided to you at a later date, but fees for services should first be submitted to payors in the usual manner and DePuy will then reimburse patients and payors for out of pocket reasonable and customary expenses.
Reimbursement is subject to the completion and submission of required documentation to DePuy to confirm eligibility. Eligibility will be determined, in part, by validation that the patient has an ASR component implanted and has consented to provide DePuy with x-rays, explants and any other requested medical information after the revision surgery."
The essence of the letter is that DePuy is asking doctors to tell their patients to submit all subsequent treatment medical bills to Medicare, Medicaid, or private health insurance. DePuy will then offer to reimburse these patients for out-of-pocket expenses or co-pays. The question remains, why should the government programs or private health insurance pay for these health care expenses caused by DePuy's defective hip implants.
In cases where the DePuy ASR Hip Implant devices have to be removed, DePuy is urging doctors and patients to send the implant devices to DePuy for testing. DePuy is also attempting to obtain an medical authorization form allowing DePuy's third-party adjustment company, Broadspire, to obtain recalled DePuy Hip Implant patient's medical records.
Immediately after the recall, DePuy sent physicians form letters to send their pateints with the recalled DePuy Hip Implant devices. The form letters urged patients to complete a medical authorization form and to contact DePuy directly. DePuy offered to pay physicians $50 for each completed patient form.
DePuy has also attempting to direct physicians how to care for their patients with DePuy ASR Hip Implants.
Download the DePuy recommended treatment flowchart.
