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Is it attorney time?

Discussion in 'Everything Else (off topic)' started by Backwoods Savage, Dec 27, 2014.

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  1. Backwoods Savage

    Backwoods Savage Moderator

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    A couple weeks ago we were notified that the hip replacement that was done about 3 years ago has to be redone. Something about some bad stuff getting into the blood stream. My wife made an appointment to see the surgeon and that is January 6.

    Today we received a letter saying our health insurance will be billed and anything that is not paid by them, we can submit for payment to the company.

    That to me seems very odd that a recall would bill our insurance. It would seem that if this is something wrong with the product, they should be paying 100% of the cost.

    Am I wrong? How would you face this situation?

    I don't want surgery but then, if something bad gets into the bloodstream, they say it could affect vital organs. That sounds serious.
     
    Backwoods Savage, Dec 27, 2014
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  2. Gary_602z

    Gary_602z

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    Have you checked with your insurance company? I would make sure you get everything in writing and make sure everything from the hospital an Drs. get billed to the joint company and not you. You should make sure you will not be liable if for some reason insurance or the joint company don't pay up. Get everything in writing, document everything and who you talk to, date, time, employee number.
    I would try to get other expenses covered also. Food, travel, lodging!
    Good Luck with everything.

    Gary
     
    Gary_602z, Dec 27, 2014
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  3. rottiman

    rottiman

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    Dennis, the Sam Bernstein firm in Detroit has been advertising heavily about this situation. Compensatory money is apparently available from these companies. I'd be contacting a lawyer if it was me.
     
    rottiman, Dec 27, 2014
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  4. Backwoods Savage

    Backwoods Savage Moderator

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    Do you have any numbers or address to this firm?
     
    Backwoods Savage, Dec 27, 2014
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  5. rottiman

    rottiman

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    The apparent problem centers around metal breakdown which in turn is putting high metal levels in your blood count. Not good.....................
     
    rottiman, Dec 27, 2014
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  6. rottiman

    rottiman

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    I do not but they are a very large firm in Detroit and probably have contact info on their web page.
     
    rottiman, Dec 27, 2014
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  7. Backwoods Savage

    Backwoods Savage Moderator

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    Thanks. I'll check them out.
     
    Backwoods Savage, Dec 27, 2014
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  8. rottiman

    rottiman

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    rottiman, Dec 27, 2014
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  9. Backwoods Savage

    Backwoods Savage Moderator

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    Thanks rotti.
     
    Backwoods Savage, Dec 27, 2014
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  10. Paul bunion

    Paul bunion

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    Do you have a Stryker hip?
     
    Paul bunion, Dec 27, 2014
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  11. Backwoods Savage

    Backwoods Savage Moderator

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    Yes, apparently I do.

    Interesting on the attorney's web page, they say that MI has a weird law in that it protects the manufacturer from lawsuits.

    Michigan residents who are affected by the Stryker Orthopedic and similar Hip Replacement recalls are faced with an additional challenge. Michigan is the only state in the nation with a law that shields medical device manufacturers from liability if the device was approved by the Food and Drug Administration (FDA). This law is referred to as the “FDA Immunity” legislation. In Michigan, plaintiffs can win damages only if they prove that the manufacturer withheld or misrepresented information about their product that would cause the FDA to deny or withdraw its approval.
     
    Backwoods Savage, Dec 27, 2014
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  12. Jack Straw

    Jack Straw

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    To me that paragraph may mean that they may be liable to pay for a replacement hip, you just can't sue for pain and suffering, but I aint a lawyer.
     
    Jack Straw, Dec 27, 2014
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  13. Backwoods Savage

    Backwoods Savage Moderator

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    That is sort of how I take it. I think I'll also be contacting a local attorney we've used a few times.
     
    Backwoods Savage, Dec 27, 2014
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  14. Paul bunion

    Paul bunion

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    I believe that it is normal for your insurance to pick up the tab. If anybody has a beef about that it would be your insurance vs Stryker. Additionally Stryker is offering to cover your deductible. Good that it is January and you haven't paid it all out your self yet.

    You probably should be careful that you don't sign anything giving up any rights to seek damages against Stryker.
     
    Paul bunion, Dec 27, 2014
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  15. bogydave

    bogydave

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    Seems they should at least give you full coverage for the replacement.
    Email your local & state representatives . Betting this is happening to others too.

    Sure adds un-needed stress to your already stressed winter.
    Good luck
    Prayers
     
    bogydave, Dec 27, 2014
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  16. Backwoods Savage

    Backwoods Savage Moderator

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    Well, it appears the last days of December and early January we'll be spending lots of time on phones and maybe a few visits. Not really looking forward to this one.
     
    Backwoods Savage, Dec 27, 2014
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  17. bogydave

    bogydave

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    I'm hearing you. Just Plain sucks !
    Yet if you don't fight & stand up & yell, you get screwed.
     
    bogydave, Dec 27, 2014
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  18. Backwoods Savage

    Backwoods Savage Moderator

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    Yes, that is the part I worry about. For sure we want this paid for by them.
     
    Backwoods Savage, Dec 27, 2014
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  19. MightyWhitey

    MightyWhitey

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    "We can rebuild him. We have the technology." The 6 Million Dollar Savage!!!!!
     
    MightyWhitey, Dec 27, 2014
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  20. RJames

    RJames

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    Dennis,

    I can't stress enough how crappy these companies are. They are all about $$$ instead of quality. You should not have to pay a penny out of your pocket, and rightfully so. The name of their game is this: deny, deny, deny and hopefully the patient will just get tired of them and pay up. I've been there and done that, grudgingly. But your situation is cut and dry. They didn't do enough research/testing on the product, and they absolutely need to make it right, on their dime.

    I know you probably just want to get this over with, but in my opinion (which usually ain't worth much) you should have your ducks in a row concerning who's going to cover the bill BEFORE you go under the knife. If that means delaying the procedure for a bit, maybe it has to be. And as far as attorneys, I have no love for them either, but sometimes they are necessary.

    Good luck my friend and if you need anything, drop me a line.

    RJ
     
    RJames, Dec 27, 2014
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