Immediately after the recall DePuy and J & J began a “medical bill reimbursement program. This program allows DePuy to pay for all medical bills associated with follow-up care of the defective ASR hip, including any additional revision surgeries. However, in order for DePuy to pay for the medical expenses, it requires users to get a claim number and sign a medical authorization release; the release violates many of the user’s rights. With this medical authorization release DePuy would have access to information that they would not normally have access too; with this access, they could also obtain the ASR hip if it is replaced if the company would get access to the recalled hip it would negatively affect any potential clients case.
Through the efforts of the MDL Plaintiff’s Leadership Committee, DePuy has agreed not to make ASR users sign the medical release but has agreed to still pay the users medical bills. When handling any medical bills the ASR user should not communicate with DePuy or Broadspire as they have to right to record any phone conversations and could use them against the client. Instead the client should contact a lawyer and let the lawyer handle it.