Many victims who have suffered injuries after receiving a Stryker hip implant had been referred to a third-party claims administrator known as Broadspire. However, the device manufacturer is also recommending injured parties use Broadspire to handle their claim for compensation. This enterprise functions like an insurance claims administrator where the company decides how much compensation the individual deserves for their failed artificial hip implant.
Rosenfeld Injury Lawyers LLC represents victims of product liability, defective medical devices and other types of professional negligence. Our law firm has successfully prosecuted cases for our clients who were injured after receiving an artificial hip during a joint replacement surgical procedure. Our attorneys are available to answer any legal questions on how to receive the monetary compensation you deserve if your injuries were a result of someone else's negligence. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.
What is the Broadspire Program?
Broadspire, Inc., located in Santa Clarita, California was founded in 1996. It is now the largest independent claims management solution provider in the world. The company offers large corporations, including pharmaceutical manufacturers, solutions to resolve customized compensation claims and provide case management services that include physician review services and medical bill reviews.
The Stryker Corporation hired Broadspire in January 2013 to resolve thousands of defective artificial hip device insurance claims filed by injured victims who had suffered adverse reactions after undergoing a joint replacement procedure. Other corporations including Johnson & Johnson and Dupuy have also used their services to initiate the biggest hip recall ever in America.
Stryker retained Broadspire to collect pertinent data from injured parties concerning the type of device that was implanted. The claim management solution provider gathered the evidence after obtaining access to the victim's medical records handed over by health care providers and surgeons to the Stryker Corporation.
Why Stryker Wants You to use Broadspire
The Stryker Corporation recalled numerous models of their artificial hip implant devices. The recalls came after thousands of patients complained of serious side effects and suffered injuries and death in the months or years following their implant procedure. Years ago, the company decided to circumvent the legal system, likely in the hopes of saving billions of dollars in compensation, by hiring Broadspire to handle cases. Before agreeing to join the program, the injured claimant should be aware that:
- Because Stryker hired the claims management solution provider, Broadspire works for them and not you.
- Broadspire is under no obligation to disclose which patient records they have retained from the patient's healthcare provider or surgeon to you, your family, or anyone.
- The information Broadspire gathered might be used against the claimant during a negotiated settlement or future trial.
What to Expect From Broadspire
Stryker hired Broadspire to resolve claims involving out-of-pocket expense reimbursement that pays for doctor visits and medical treatments arising from complications caused by the initial defective hip implant. The company typically reimburses patients for any co-pay amounts needed for an MRI, x-ray, blood test, or doctor visit. Broadspire might also provide reimbursement to repay patients for revision surgery to remove the defective device and implant a new safer device along with all associated rehabilitation and therapy.
In some cases, the company will reimburse the injured victim for their loss of work earnings caused by a complication involving Stryker's defective device. However, they do not pay any financial compensation to cover non-tangible damages including pain, suffering, mental anguish, loss of quality of life, emotional distress, or even long-term disabilities.
Participating in the Broadspire Program Could Cause You
Allowing Broadspire to handle a claim for compensation could prove to be extremely costly to any patient who does not understand their rights to receive monetary recovery for their damages. Any action taken by the plaintiff and accepting what Broadspire offers could negatively affect the outcome of any future litigation.
Because Stryker will allow Broadspire access to your sensitive medical records, you might be opened up to dangerous levels of legal transparency that could cause you thousands or hundreds of thousands of dollars in financial compensation if you attempt to litigate your case to obtain money for pain, suffering, long-term disability, or emotional distress.
Stryker Says They Care About my Health. Is That True?
According to Stryker on their website, “The health and well-being of patients is, and always has been, Stryker's top priority. We have partners with Broadspire Services, Inc., a third-party claims administrator, and are actively reimbursing affected patients for testing, treatment, revision surgery, if necessary, and other out-of-pocket costs related to this voluntary recall.”
While the hip implant device manufacturer provides important information on how to participate in the program, they do not recommend hiring an attorney to protect your rights to the process. In fact, their website claims that if you “have further questions, please contact the Stryker Patient Care Line at 1-888-317-0200 (US and Canada only)” instead of seeking legal advice on what to do.
Defective Stryker Hip Plant Recalls
In 2012, the Stryker Corporation recalled their Rejuvenate and ABG II modular hip step implant devices due to serious corrosion and flooding problems. At that point, the recall involved nearly 20,000 hip implant components that were vulnerable to serious corrosion problems occurring at the modular neck junction.
Working with the FDA (Food and Drug Administration), The Stryker Corporation initiated a Safety Communications Warning and alerted consumers and doctors that anyone implanted with a defective device was at risk of developing a life-threatening adverse tissue reaction. Many patients had already complained of pain and swelling symptoms radiating from the affected joint. At that time, Stryker began advising doctors and diagnosticians to perform a comprehensive clinical examination including a cross-section image and blood work to identify metallosis (metal poisoning) that was likely causing the adverse local tissue reaction.
A few months later, Stryker commissioned Broadspire Services to handle cases involving patients injured by a defective hip component. The device manufacturer posted an FAQ (Frequently Asked Questions) web page that details how claims would be handled and directed doctors on how to submit bills for patients who did not have insurance to cover revision surgery and other medical expenses. These bills were to be submitted directly to Broadspire. The website also directed doctors on how to inform patients when asked on how Broadspire would resolve their claims.
The website never provided information on how patients would be reimbursed for any necessary treatment, testing, or revision surgery, or even who would determine if the surgical repair procedure was necessary. This left the patient wondering if they could make their own health decision or if that was left up to Stryker/ Broadspire or their doctor. The webpage also neglected to reveal how they would reimburse any other costs that were not directly associated with receiving medical treatment necessary to restore the patient's health after being injured by Stryker's defective medical device.
The Downside to Participating in the Broadspire Program
If you enter the Broadspire program, then you may not get the total outstanding amount of funds that you are entitled to receive under the law. Stryker Orthopedics may not provide you with the full amount of funds necessary to assist you in your recovery.
On the other hand, you may be able to recover an amount that more than compensates you for the lost wages, pain, and medical experiences that you have suffered when you work with an attorney to resolve your case who has a vested interest in a successful outcome for you.
What Should I do?
Before you discuss your health, your claim for compensation, your options with Broadspire Services, or disclose any of your information, it is important to speak with a Stryker hip lawsuit attorney first. Your lawyer will likely tell you that any information you provide Stryker or Broadspire Services could be entered into evidence during a lawsuit trial if you choose to obtain further compensation to recover all of your damages.
An attorney working on your behalf can provide valuable insight on how Broadspire Services and Stryker resolve claims for compensation. Until you had a consultation with a law firm that specializes in defective hip implant injury cases, do not sign documentation or discuss your case with anyone. Any information you share could cost you thousands in compensation in the future.
Let Our Legal Team Deals With Broadspire
The defective hip implant injury attorneys at Rosenfeld Injury Lawyers LLC understand it was the negligence of the device manufacturer that caused your injuries. Our legal team has successfully obtained millions on behalf of the victims and their family members to ensure they were adequately compensated to cover their medical expenses, household bills, lost wages, loss of future earnings, pain, suffering, and emotional damage and we can help your family too.
Our law firm encourages you to contact our attorneys today to schedule a no-obligation case consultation to discuss the merits of your monetary recovery claim at no charge to you. We accept all personal injury cases, wrongful death lawsuits, and product liability injury claims through contingency fee arrangements. This legal contract postpones the payment of legal services until after we have successfully completed your case through a negotiated settlement or a jury verdict.
Our law firm gets results quickly because we understand you need money now. We proudly offer every client a “No Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf you owe us nothing. All information you share with our law office will stay confidential.
For additional information see the following pages:
- What Stryker hips have been impacted by the FDA recall, and how do I know if I have one?
- Have all Stryker hip implants been recalled, or just specific designs?
- Why have the Stryker Rejuvenate and ABG II Modular Hip Neck systems been recalled?
- What are signs that my Stryker hip implant has failed or is defective?
- Should I hire a lawyer for a case involving my Stryker hip implant?
- Will I be able to afford hiring a lawyer to represent me in a Stryker Rejuvenate hip implant case?
- What type of legal actions are available to recover funds from Stryker?
- What are injuries associated with defective Stryker hip implants such as the Rejuvenate and ABG II?
- If I require a revision surgery due to my defective Stryker hip implant, may I still collect damages?
- What are the risks associated with a hip revision surgery?
- What are the design flaws in Stryker hip systems?
- Is it true that Stryker hip systems can cause metal poisoning, and if so, what types of metals are contained in the Stryker hip implants?
- What types of compensation may be available in my Stryker hip implant case?
- Does your law firm have any relationship with the Stryker Corporation?
- How can I find a lawyer to represent me in my Stryker hip implant case?