Many of the patients who have received a defective hip implant from Stryker or DuPuy have questions about Broadspire and its relationship with the two device manufacturers. The companies have hired Broadspire as a third party to help administrate claims related to the DePuy ASR and Stryker Rejuvenate product lines. Understanding what Broadspire covers and how claims may impact your case is important when communicating or negotiation with the company. Whenever you are in doubt, it is always best to seek the guidance and advice of a qualified personal injury lawyer who has experience in related litigation.
What Broadspire Covers
Broadspire acts like a claims adjuster, acting on behalf of its clients— so it is important to understand that it represents the interests of Stryker and DePuy and may not be as concerned about your needs as it is about limiting the financial liability of its clients. The main purpose of Broadspire is to provide compensation for out of pocket expenses related to the defective hip replacement products produced by Stryker and Depuy. Those expenses include the following.
- The cost of doctor’s visits, the cost of traveling to see a doctor and the cost of lodging during doctor’s visits or tests.
- The cost of tests such as cobalt and chromium toxicity tests, MRIs and x-rays.
- “Reasonable” rehabilitation therapy. How Broadspire defines reasonable may not always align with the needs of the patient.
- Lost earnings due to revision procedures and doctor’s visits.
What Broadspire Does Not Cover
- Compensation for pain and suffering.
- Any expenses covered by your insurance company.
- Future medical expenses— Broadspire will only cover past expenses.
- The loss or potential loss of future income.
It is important to understand that Broadspire will not cover any expenses that may occur in the future because the majority of those who have received defective implants will require revision surgeries, testing and other procedures in the future. Broadspire will not provide compensation for pain and suffering either, and if your insurance company has provided you with a claim, Broadspire will not reimburse you or your insurance company for those expenses.
If you have already undergone a revision surgery, you may receive compensation for the out of pocket expenses you incurred. Many patients are surprised, however, to find that Broadspire will not cover future surgeries— even if it is apparent that they will be required. The only way to recover the damages equal to the cost of anticipated procedures is to file a lawsuit against the manufacturer.
The Impact of Broadspire on your Case
It is important that you have an attorney review any offer you receive in order to protect your interests and rights. While Broadspire isn’t currently requiring claimants to drop their lawsuits, we are unsure of whether this policy will continue and for how long. Therefore, it is important to review the details of any offer you receive before agreeing to it.
Many patients are under the false impression that filing a claim with Broadspire negates their need to file a lawsuit. This is not true because the claims Broadspire is offering are not out of court settlements and do not cover many of the expenses that you may still be entitled to. Broadspire may provide the means to recover your out of pocket expenses more quickly but it is also important to consider the recovery of compensation that will cover your future expenses, loss of income and the pain and suffering that you have experienced.
How Broadspire Affects the Compensation you receive
If you file a claim with Broadspire, it is reasonable to expect that the compensation you receive be deducted from any judgment or settlement you receive as the result of your lawsuit. Once your case is heard or settled, your Broadspire claim will be considered when determining your final payment. Understanding the impact that accepting a Broadspire claim will have on the compensation you receive is important when considering the value of your case and the amount of compensation to pursue.
Communicating with Broadspire About Complications With Your Hip
It is important to take care whenever communicating with companies like Broadspire as they will always look for ways to reduce the financial responsibility of their clients. Any information you provide could ultimately be used against you in the future. For this reason, it is advised that you only communicate with Broadspire through an attorney or while an attorney is present to protect your rights and interests.
If you are the recipient of a defective hip replacement product and would like additional information or are unsure of how best to proceed in collecting compensation for your injuries, contact Rosenfeld Injury Lawyers today to arrange a free consultation with a qualified hip replacement lawyer. We will be happy to go over every detail of your case and guide you through every step of the process so that you know what to expect from the process from beginning to completion. Our lawyers work on a contingency basis, so you will never be required to provide compensation until we are able to collect on your behalf.