Beacause of the negligence of several hip implant manufactures— including DePuy, Stryker, Smith & Nephew, and Biomet—tens of thousands of hip replacement patients have suffered unnecessary physical, mental, and emotional trauma. These patients have filed lawsuits against major device manufacturers because of the complications experienced after receieving faulty implants.
Patients that have filed lawsuits claim that hip implant makers knew that their devices were defective and failed to warn the public about the dangers of their implants.
Hip implant maker DePuy is facing nearly 12,000 lawsuits filed by patients that received the companies ASR device. Another 3,000 patients that received the Pinnacle implant have also filed lawsuits. DePuy is expected to settle 7,500 ASR claims for a total of $2.5 billion.
These metal-on-metal devices were supposed to last longer and be more durable than other hip implants. Because of premature failure and unexpected side effects the devices have casued more damage to patients than the conditions that originally led to hip replacement.
Lawsuits Get Patients Money to Recover
While filing a lawsuit will not completely remedy the physical or emotional burden of a failed hip implant, it can provide money to help patients pay for continued care, pain and suffering, and any lost income as a result of being unable to work.
Lawsuits provide money to patients to pay for:
Injuries from defective hip implants can be permanent. Ongoing medical care and revision surgeries can cost hundreds of thousands of dollars. Taking legal action against hip implant manufacturers can help pay for doctor’s visits, medication and hospitalization.
Pain and Suffering and Damaged Relationships
Dealing injuries can come with a heavy emotional burden. Strained relationships with those close to patients is common because of the care patients require to recover. Patients often experience discomfort and can become immobilized keeping them from working and participating in other activities.
Lost Wages and Punitive Damages
Compensatory Damages: Money for caregiving services and lost income due to inability to work. Punitive Damages: Money to discourage similar future conduct from hip implant manufacturers.
FREE Hip Replacement Case Review
If you or a loved one suffered complications from a metal-on-metal hip implant you could be owed substantial compensation.
Filing a Hip Replacement Lawsuit
If you or someone you know received a hip implant and have suffered from complications, speak to an attorney and find out if you qualify for financial compensation.
There are a few things to know about speaking to an attorney and filing a claim. For instance, filing a lawsuit may mean more money to be used for your recovery than a recall offers. Also, using a qualified attorney to handle your claim can also mean more money at settlement time.
Recall vs. Lawsuit
As part of a recall, hip implant manufacturers may offer financial compensation. These compensations are often limited in nature. Typically they cover medical care and revision surgeries, and do not pay for pain and suffering or lost wages. Patients report that the compensation paid by DePuy, as part of their recall, only covered part of the cost of revision surgery. In reality, a lawsuit has a greater potential to provide more money for recovery than a recall.
A lawsuit filed collectively by a large group of people with similar claims is called a class action lawsuit. In general, class action plaintiff have less control over their case. For instance, they have less say in negotiating settlement terms than an individual claimant would. On the hand, class actions have greater leverage to negotiate larger settlements for their participants. Before joining a class action speak to an attorney about the risks and benefits of filing with the class action versus filing individually.
Consider a Settlement
A qualified product liability attorney can help you get a monetary settlement. These attorneys know about hip replacement procedures, the devices used, the potential side effects, and the manufactures involved in lawsuits. They can help you make decisions about how to proceed in filing your claim and whether you should settle or take your case to trial. You can speak to Patient Care Specialist at the Injury Recovery Institute 24 hours a day, and they will connect with a qualified hip implant attorney.
Need help identifying your implant?
One of our Patient Care Specialists can help you identify the make and model of your implant and help you determine what may be owed to you.
What you Need to Know about Hip Litigation
Hip implant manufacturers are not on your side. They have been known to use patient information gained through recalls to limit their liability and prevent patients from getting the money they deserve. A qualified attorney can help protect your rights and get you the compensation you are owed.
Before filing a lawsuit:
Device manufacturers use recalls as a tool to limit their liability. They ask patients to sign waivers and accept a set amount of compensation regardless of whether the compensation offered covers the cost to repair the damage done by their defective device. Injuries may be permanent and require a lifetime of medical care. An attorney can help you get the money you need to recover and protect your rights.
Device makers use call centers to get information about patients that can be used against them when settling claims. You may not know the full extent of your injuries, and speaking to a manufacturer’s representative could hurt your potential claim.
Your physician or surgeon might knowingly, or otherwise, turn over evidence in your case. The evidence might include the actual, physical, failed implant. Reports have surfaced that device makers have paid doctors in the past to turn over removed faulty devices. Manufacturers may also work with doctors to gain access to your medical records or other information related to your case. Protect yourself by speaking to a qualified attorney about your defective implant before any evidence or records are released that could damage your claim.
Hip implant manufacturers often provide information about revision surgery and other treatments during recalls. Their recommendation may not be the best option for your specific needs. Seek a second opinion before agreeing to any course of treatment.