How To Deal With Broadspire
At Kershaw, Cook & Talley, we represent numerous individuals who have been forced to deal with hip manufacturers in order to receive compensation for expenses related to their failed prosthetic hip. Over the past two years, our clients have asked us a multitude of questions about the process, how it works, and whether they should even be dealing with the hip manufacturer in the first place. All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page or we invite you to give us a call toll free at 888-817-2527 for a no-cost, confidential case review. This website attempts to answer the questions that many of our clients have raised.
Question: What is Broadspire?
Answer: Broadspire is a “third party claims administrator” that was hired by DePuy and Stryker to help it deal with the approximately 90,000 individuals who received recalled DePuy ASR and Stryker Rejuvenate prosthetic hips. Their role is similar to a claims adjuster for an insurance company. Specifically, Broadspire was retained by DePuy and Stryker to obtain information from people who have recalled ASR and Rejuvenate hips to confirm that they do, in fact, have recalled hips. Its adjusters then attempt to determine what type of compensation should be paid to individuals for their various out of pocket expenses. What is important to know about Broadspire is that Broadspire works for the hip manufacturers. As a result, anything you tell a Broadspire adjuster can and, may, be used against you if you are involved in subsequent litigation. Therefore, it is very important to be aware of this whenever you are communicating with any Broadspire employee.
Question: What type of expenses will Broadspire cover?
Answer: Based on our clients’ experiences, Broadspire has agreed to reimburse claimants for all “out of pocket” expenses incurred as a result of the ASR and Rejuvenate recalls. This would include any co-pays for doctor visits, the cost of chromium and cobalt tests, x-rays and MRIs, travel expenses to and from doctors, lodging for doctor or hospital visits, reasonable rehabilitation therapy, or any other out of pocket expense that is not covered by insurance and is reasonably related to the recall. Broadspire will also provide compensation for lost earnings that may be incurred as a result of having to visit the doctor or undergo a revision surgery.
However, what is important to know is what Broadspire will NOT cover. Broadspire is only covering out of pocket expenses that have actually been incurred. Broadspire does NOT provide compensation for any pain and suffering associated with revision surgeries or problems with your hip. It will not pay any medical expenses that are covered by your insurance company. And, importantly, it will not pay for any medical expenses or lost earnings you are likely to incur in the future. Understanding what Broadspire does not cover is critical since the pain and suffering associated with a revision surgery is substantial. Also, it is expected that for many people most of the injuries caused by their recalled hips will occur in the future. For example, many ASR and Rejuvenate recipients have not yet had a revision surgery and may not need one for several years. Broadspire provides no compensation today for injuries that are likely to occur in the future. Additionally, Broadspire is not providing reimbursement for any expenses paid by insurance companies. This is critical since most health insurance companies will have a right to be reimbursed for your treatment from any amounts you may receive to resolve your injuries. For example, if your insurance company paid $50,000 for your revision surgery and you receive $50,000 to settle your ASR or Rejuvenate case, your health insurance company would have the ability to collect from you the entire $50,000 you received from Broadspire. Therefore, it is very important to understand this if you have any inclination of attempting to settle your case directly with Broadspire. Do you have an advocate working on your behalf for your Stryker Rejuvenate or Stryker ABG II hip problems? All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page or we invite you to give us a call toll free at 888-817-2527 for a no-cost, confidential case review.
If I obtain money from Broadspire, will it impact my right to sue DePuy or Stryker for my recalled hip?
It depends. Presently Broadspire has not been requiring ASR or Rejuvenate recipients to release any of their claims against the manufacturers in exchange for receiving reimbursement for out of pocket expenses. However, there is no guarantee this practice will continue. Therefore, we recommend to all of our clients that before signing any documents submitted by Broadspire, it be reviewed by an attorney.
If Broadspire is agreeing to take care of my out of pockets expenses, do I still need to file a lawsuit?
Yes. Presently, Broadspire is only agreeing to pay a small portion of your actual damages. It is not paying anything for pain and suffering, it is not reimbursing your health insurance carrier, and it is not paying anything for medical care you may need in the future. DePuy and Stryker have absolutely no legal obligation to pay you anything and without a pending lawsuit, your right to recover these damages are not protected.
If I need to have revision surgery in the future can I count on Broadspire to pay the expenses associated with that surgery?
No! All states have statutes of limitations that require people who suspect they have been injured by a product to bring a lawsuit within a certain period of time. In many states this time period is 2 years and in some it is only 1 year. DePuy and Stryker have no obligation to pay anything to you if the statute of limitations has expired on your case.
It is also critical to understand that the idea of determining when someone is “injured” is subject to many interpretations. We expect that DePuy and Stryker will take the position that you should have suspected you were being injured by your hip on the date you learned that it was potentially shedding metal particles into your body. For most people, this date will be August 2010 (for the ASR) and June 2012 (for the Rejuvenate). Therefore, in order to protect yourself and ensure that you will receive compensation for surgeries and injuries that may occur in the future, it is critical that you file a lawsuit soon. In any event, it is critical to discuss this issue with an attorney immediately in order to make sure you are fully protected.
If I take money from Broadspire, how will it impact my pending lawsuit?
As long as you do not agree to release any of your claims against DePuy or Stryker, accepting money from Broadspire should have a minimal impact on your case. What we expect is that the hip manufacturers will most likely require that any future settlement be reduced by any amounts paid to you by Broadspire.
Should I even be communicating with Broadspire?
It depends. If you have retained an attorney who is monitoring your interactions with Broadspire and is making sure that your rights are being protected, it may be all right to deal with Broadspire to receive compensation for out of pocket expenses. The key is making sure you have an advocate working on your behalf for your Stryker hip implant problems. Broadspire represents hip manufacturers, but do you have an advocate working on your behalf? All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page or we invite you to give us a call toll free at 888-817-2527 for a no-cost, confidential case review.
At Kershaw, Cook & Talley, we look forward to serving you and your family.