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DePuy Offering Surgeons $50 For Each Medical Record Release They Convince Patients to Sign–Hip Recall Settlements

Posted Oct 17 2010 7:22pm

If you missed the original recall notice you can use the link below for more information.  I can understand a partial release of information, in other words to verify that the named patient did receive an implant.  I don’t however see the reason for paying the doctors for this information as I would think a patient would agree to revealing any portion of their records that prove they had the implant, like a surgery record or any visits to where the patient was having problems and made a visit and that to me makes common sense. 

As far as having a release to any and all information about a patient, this opens a different door and the question of how much information about the patient is needed for this assessment.  I don’t think any patients would have a problem with returning the defective device after surgical removal either being they get a working replacement.  It sounds like some additional provisions here might need to be added to assure patients that all of their records are not on the table and again with working together without having to pay doctors, it would certainly have a better look with ethics these days.  BD

SEATTLE, WA, October 17, 2010 /24-7PressRelease/ -- DePuy Orthopaedics, a subsidiary of Johnson & Johnson, made a voluntary recall for their ASR XL Acetabular System which was sold in the U.S. The recall was sparked by the discovery that 12-13% of patient's metal-on-metal implants failed within just five years time, prompting a painful revision surgery.
Two days before the hip replacement recall was made public, DePuy sent a letter to orthopedic hip surgeons to alert them of the recall. In addition, they provided an informational packet and medical release form to be passed out to patients.
"We strongly advise anyone with a DePuy hip to avoid signing that form," stated Kirk Bernard of the Bernard Law Group based in Seattle, WA. Bernard is a DePuy hip recall lawyer with experience handling other mass tort cases such as the Sulzer hip recall. "By signing that form, you give DePuy the right to review at all your confidential medical records and to take possession of the defective implant after revision surgery."
DePuy has offered surgeons $50 for every medical release they convince their patients to sign. This act doesn't come as a surprise considering the company had paid millions of dollars since 2007 to surgeons who endorsed their product and wrote favorable articles about the hip implant in medical journals.

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