Broadspire
is one of the foremost third-party risk management administrators to large
insurance companies and employers. Broadspire has been retained by DePuy to
engage in damage control regarding the ASR hip implant claims. It is likely that few people who have
suffered medical harm because of a metal-on-metal hip implant truly understand
the lengths such companies will go to in order to save their client as much
money as possible. Broadspire is under orders by Johnson and Johnson and DePuy
to downplay the public outcry regarding the ASR hip implant recall to the
fullest extent possible. One of the avenues Broadspire will use for this
specific purpose is to gain as much knowledge about patients as possible
through the use of claimant data.
Will Benefits Be Discontinued?
If
you or a loved one has suffered an adverse medical event which is directly
related to a metal-on-metal hip implant then one look at Broadspire’s website
should give you an idea of the true nature of this company and the depths they
will go to in order to benefit their client.
Privileged medical records are being used for the benefit of Johnson and
Johnson and DePuy via an entire panel of medical professionals at their beck
and call. Many of those victims of the hip implant currently rely on the
reimbursement benefits being offered through Broadspire which covers their
co-pays and deductibles. The question on everyone’s minds now is whether those
benefits will continue after the statute of limitations runs out in August,
2012.
No Contracts Exist
Those
who are currently receiving reimbursement for medical expenses due to their
implant are in a very tenuous position as these reimbursements are not
contractual and could be withdrawn at any time. In fact, many believe that the
entire reimbursement process was an attempt to exert undue influence on those
who received a DePuy hip implant—in other words, throwing victims a few crumbs
to ensure they will not later pursue a legal claim against DePuy. Once the
statute of limitations has run and these victims no longer have the option of
filing a lawsuit against DePuy, what will happen to those same people when
their reimbursements for medical costs also end? It is widely believed that
Johnson and Johnson and DePuy will feel no moral obligation to continue to pay
medical reimbursements and will simply breathe a corporate sigh of relief that
they are no longer on the hook for payments and lawsuit claims.
What is Metallosis?
When
metal debris builds up in the soft tissues of the body, metallosis occurs. In
the specific case of the metal-on-metal hip implant systems, the chromium and
cobalt ball and joint parts rub against one another releasing metallic ions
into the body and bloodstream. These metal ions can cause an autoimmune
response in the body resulting in extreme inflammation surrounding the metal
pieces. In some victims the area becomes so inflamed that the joint cannot
rotate properly, causing serious and chronic levels of pain. Metal toxicity can
lead to extremely serious injury, although there may be no overt signs for as
many as three to six years following the metal-on-metal hip implant. Some of
those who have undergone hip implants can develop kidney and liver disease as
well as certain types of cancer. While the victims of metal-on-metal hip
implants may have piles of medical expenses as well as a significant decrease
in the quality of life, should they not realize the extent of their injuries
until after the statute of limitations, they may never be able to recover those
costs or be reimbursed for their pain and suffering.
Consumer Risk
Johnsonand Johnson and DePuy are under no contractual mandate to extend reimbursement
payments once the statute of limitation runs, therefore it is likely Broadspire
will be directed to discontinue all victim payments. There is nothing in
writing that will prevent such a travesty, leaving the victims of the DePuy hip
implants with no recourse. Many attorneys who are involved in the DePuy cases
believe all medical reimbursements and other future considerations will be
discontinued unless these corporations are held accountable to those they’ve
harmed. In other words trusting blinding in the word of a large corporation
when there is no mechanism in place to force them to back that word may not
only be naïve—it can cost you dearly in the end. Science has clearly shown that
the recipients of metal hip implants were under much higher levels of chromium
and cobalt than the average person. Long-term effects of those high levels
could include decreased kidney functions, negative neurological issues, adverse
cardiovascular effects, thyroid gland disease, lymphoma and loss of
hearing.
Legitimate Claims Already Being Denied
Victims
of the DePuy hip implant may have suffered substantial decreases in their
overall health as well as their energy levels and ability to enjoy their lives
as they once did. By the time many of the recipients of the hip implant receive
a definitive diagnosis, they may have already suffered damage to surrounding
tissue and joints, impairing their mobility. This range of motion impairment
can leave these victims unable to work or perform their regular daily
activities yet Broadspire has routinely denied reimbursements stating the
physical harm was not directly tied to the DePuy hip implant. Even when the
victim’s physicians continue to disagree with such arbitrary assessments
Broadspire is managing to sidestep responsibility on behalf of their clients,
DePuy and Johnson and Johnson. Broadspire has even called bone loss and
destruction of joints among hip implant recipients a chronic condition,
allowing them to deny these claims.
While
each state has variations in the statute of limitations regarding defective
medical products, in at least twenty-eight states the SOL is two years or less.
For victims of the DePuy hip implant, time could be growing short and it is
advisable to seek legal representation at the earliest possible time. Otherwise
many victims of the hip implant could find themselves with no legal recourse or
protection under the law.
