ASR and Medical Release Form

[DirkV]

Hi, I'm the owner of of a couple ASR hips. After 3 years, no problems. After the recall, I have undertaken the suggested precautionary annual visit and blood test (it's in the good range), and also had MRI. A couple months ago, I sent the receipts to Broadspire for reimbursement, but intentionally did not sign the Medical Release Form. As expected, they did not process my claim due to unsigned form.
A week ago I attended a traveling ASR seminar about legal rights, hosted by a law firm. Their biggest advice was "do not sign the release form." To my understanding, the rationale is that the signed form gives DePuy access to medical records that they otherwise would not have access to. The law firm pointed out while signing the form does not preclude you from taking legal action, it does allow DePuy access to information that they could use in their defense, if you were to initiate a legal action against DePuy.
Today, as far as I know, my ASR hips are fine. But I do want to get reimbursed for my precautionary expenses (over $1000 out of pocket to date). The law firm will take on cases on contingency (including costs for precautionary diagnostic tests, such as mine). So that's one option. On the other hand, I could sign the medical release and get reimbursed by DePuy (actually Broadspire, which is handling claims). And I don't think there is any smoking gun in my medical report that would be beneficial to DePuy if my hips were to blow up next year and I then pursued legal action.

Has anybody else looked into this? Any advice appreciated (PM if preferred). It's a tough spot between a huge corp that wants to minimize financial impact and law firms eagerly awaiting possibility of defective product suit.
Thanks,
-Dirk

[Gav]

DePuy are using Broadspire also in the UK.

My lawyer told me not to sign the medical release form, as it meant that DePuy could take the defective implant away after having revision surgery.

I am going back to see the consultant next week, and I expect to have scans and blood tests carried out. I have medical Insurance, but I expect DePuy to pay for all the tests etc.

I'll let you know how I get on.