INSIGHTS On Massachusetts Personal Injury Law

Welcome to the SUGARMAN blog. We'll be sharing our perspectives on the state of the law and current legal issues in Massachusetts personal injury law. Issues relating to medical malpractice, construction site injuries, premises liability, product liability, motor vehicle accidents, insurance, and more will all be reviewed here by our team of lawyers who have prosecuted some of the most complex cases in Massachusetts personal injury law.

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Stryker Rejuvenate and Stryker ABGII Hips Systems & the Broadspire Claims Process

Patients who had the recalled Stryker Rejuvenate or Stryker ABGII artificial hip systems implanted in them may have recently received a letter from Stryker Orthopaedics announcing that it hired Broadspire Services, Inc. to coordinate and manage the payment of medical expenses incurred by patients who receive medical treatment as a result of the defective nature of these hip systems. As you may likely be aware, Stryker Orthopaedics recalled its Stryker Rejuvenate and ABGII hip implants in July, 2012 due to what the company described as vulnerability to fretting and corrosion at the modular-neck junction, which can lead to tissue damage surrounding the hip implant as well as pain and swelling. Like other metal-on-metal hip implants, the Stryker Rejuvenate and ABGII systems pose severe health risks to patients who received them, including a high early failure rate, severe pain and metallosis.

Just as DePuy Orthopaedics hired Broadspire Services, Inc., with respect to the recalled DePuy ASR hip systems, Stryker has hired Broadspire to administer patient claims for out-of-pocket and medical expenses associated with the Stryker Rejuvenate and ABGII recalls. Stryker’s tactic of hiring Broadspire, a third-party administrator who works closely with the insurance industry, has drawn the same criticisms that were leveled at DePuy when it hired Broadspire. Through Broadspire, Stryker will reimburse patients for any “necessary” testing, treatment, revision surgery or other costs relating to the recall of its hip implants. Curiously, neither Broadspire nor Stryker define what constitutes “necessary” medical treatment as a result of a recalled hip implant, nor do they define what other costs they will reimburse a patient for. In addition, Broadspire requires a patient to provide copious amounts of information and medical records that may later be used against the patient, should the patient file a formal lawsuit. What may seem on its face to be an altruistic gesture by Stryker may have much more sinister intentions.

Any patient with a defective Stryker Rejuvenate and ABGII hip implant should be extremely wary of directly contacting Broadspire and would be wise to consult with a hip recall attorney who handles metal-on-metal hip cases and who is familiar with the Broadspire reimbursement process. SUGARMAN has formed a team of attorneys to help patients navigate through the Broadspire process and pursue claims against Stryker Orthopaedics for the recalled Stryker Rejuvenate and ABGII hip systems. If you have any questions regarding a Stryker Rejuvenate and ABGII hip or a resulting Broadspire reimbursement claim, please call one of our personal injury attorneys, Stephen Sugarman or Benjamin Zimmermann, at 617-542-1000 or e-mail ssugarman@sugarman.com or bzimmermann@sugarman.com.