Victims of DePuy’s malfeasance might find their candid communications to the ‘help line’ being used as admissions against them in court.
New York, NY (PRWEB) October 8, 2010
DePuy, a subsidiary of Johnson & Johnson, in August of 2010 issued a worldwide hip replacement recall for two of its devices. The ASR Hip Resurfacing System and ASR XL Acetabular System have been determined by DePuy itself to be defective and to have failure rates significantly greater than the industry average, according to information available at DePuy’s Web site. Many recipients of an ASR device need to have a “revision” surgery to replace their ASR implant(s).
With the recall, DePuy had seemingly accepted responsibility for the defects of its products, even promising to “cover reasonable and customary costs of testing and... including revision surgery if it is necessary,” according to DePuy’s Web site. DePuy is asking recipients of a recalled ASR device to call DePuy’s “ASR Help Line,” ostensibly so that a victim can be “assigned a claim number” and so that DePuy will be able to “process... reasonable out-of-pocket costs.”
According to Rochelle Rottenstein of the Rottenstein Law Group, however, claimants should be wary of divulging any information on any such help line operated or sanctioned by DePuy. “Victims of DePuy’s malfeasance might find their candid communications to the ‘help line’ being used as admissions against them in court,” says Rottenstein. She notes that DePuy has no duty of confidentiality to people who call the help line and is free to use the information for the company’s benefit in litigation.
According to Rottenstein, letters sent by DePuy (or by doctors, at DePuy’s suggestion) to recipients of the recalled devices urge the recipients to call the toll-free help line. A caller to the help line is instructed to send certain documentation to Broadspire Services, a New Jersey-based insurance company. Rottenstein cautions potential claimants against calling the DePuy help line or sending documentation to Broadspire before speaking with a lawyer. Her firm has established an informational Web site for ASR hip device recipients at the DePuy Hip Replacement Lawsuit resource site.