Statute of Limitations and the Likelihood of Reimbursements by Broadspire

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expenses due to their implant are in a very tenuous position as these reimbursements are not contractual and could be withdrawn at any time.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

Johnson and 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.