Types Of Compensatory Damages DePuy Hip Replacement Recall Recipients Are Entitled To
Supposedly, going through a hip replacement procedure would alleviate any hip pain or injuries one might have. However, the recall of DePuy's ASR XL Acetabular System and the ASR Hip Resurfacing System gives DePuy recipients cause to worry. That's because these hip replacement devices were found to fail within five years of implantation and one out of eight recipients require a hip revision surgery. This information, provided by the National Joint Registry for England and Wales was the reason behind the DePuy hip replacement recall that occurred in August 2010.
After the recall, DePuy offered to pay for the cost of treatment and testing one might need regarding the hip device. In their website, DePuy states that it “… intends to cover reasonable and customary costs of testing if you need services associated with the recall of ASR.” Still, what is “reasonable and customary” is all up to the company's discretion.
Another option is given to those who does not want to push through with DePuy's claims process. Filing a lawsuit with the help of an experienced hip recall lawyer would gain you the following in compensatory damages:
Medical costs. This would include hospital bills, physical therapy, follow-up appointments with your doctor, hiring a caregiver, tests on your hip (including blood tests, x-rays, and an MRI), and revision surgery.
Travel expenses. This is the cost related to travel to and from your doctor, medical specialist, or any other place you travel to for tests and/or treatment.
Loss of income. This is any past, present, and future lost wages related to your ASR testing, treatment, and recovery.
Scarring and disfigurement. This is caused by a revision surgery.
Pain and suffering. This includes mental anguish, physical pain, the inability to enjoy your life as you once did, loss of independence, and damaged relationships.
DePuy has a legal obligation to compensate you for the damages their failed products have caused. Hiring a lawyer now would only increase your chances of recovering the abovementioned compensation. If you want to learn more, visit the DePuy hip replacement recall website.