With the promise of reduced pain and greater mobility, thousands have undergone hip replacement surgery. Sadly, thousands have also filed lawsuits after suffering complications far more debilitating than their initial hip issues. These lawsuits allege faulty designs and serious complications from metal-on-metal implants.
As with any surgical procedure, hip implants do not come without risk or complication. Implants that have two or more metal parts will shed metal particles into the surrounding tissue, which can lead to metallosis, or metal poisoning. Metal poisoning can cause bone and tissue death, implant failure, and severe pain. An even scarier thought: metallosis can even cause damage to the nervous system and heart.
Other complications from hip implants include:
- Decreased mobility
- Bone damage
- Hip joint failure
- Severe pain in the hip, groin or thigh
- Loosening of the device
- Inflammation and swelling
There are several hip implant manufactures who have been involved and named in these personal injury lawsuits because of those who have suffered, receiving faulty devices. The greatest offenders include:
- DePuy Pinnacle
- Wright Conserve
- Stryker Rejuvenate
- DePuy ASR
- Zimmer Durom
- Biomet Magnum
The all-metal implants designed by these companies were supposed to last longer than other implants available on the market. However, they failed early in their lifespan. Those filing suit against these companies and their faulty devices claim that their products are defective, and moreover, that they failed to warn the public about known the risks with their product.
Hip replacement manufactures are under legal obligation to design, make and properly test their devices before making them available to the public. Companies are also responsible for marketing their products, including making the public aware of any potential health risks. It is when they fail to do so that patients suffer from their negligence and have grounds to file personal injury claims in hope of compensation for their pain and suffering.
If you have had hip replacement surgery and believe that you suffer from a faulty hip implant, there are a few things that you should know before proceeding with a claim.
Lawsuit vs. Recall
If you have suffered and are seeking compensation, your best option is to talk to a lawyer. In many cases, a lawsuit’s outcome may offer more compensation than that of a recall.
Often, manufacturers offer compensation as part of a recall, but you can expect that they will limit compensation to a fraction of the price on certain revisions and medical treatment, leaving injured patients to pay for the rest of the bill. It is also likely that they won’t address any potential losses such as lost wages, pain or suffering.
A class action lawsuit is a suit filed collectively by a large group of people with similar claims. Though these groups often have enough leverage to reach large settlements, they generally don’t have much control over their cases when it comes to negotiating settlement terms, whereas individual claimants have more control. Consider, first, talking with a lawyer about the potential risks and benefits of joining a class-action lawsuit vs. filing your claim individually.
Consider a Settlement
Each personal injury claim is different. A qualified lawyer will be able to use their experience to help you decide whether to file a claim, go to trial or accept and obtain a settlement. They will be able to advise you of your legal rights and any available compensation.
However you decide to proceed with your case, it is advised that you speak with an experienced attorney, especially before signing anything or accepting any compensation. The fact is, some manufacturers will use recalls as an opportunity to get patients to sign waivers, accepting a fixed amount of compensation. Unfortunately, once you sign, you will be unable to file any future lawsuit.
Also, keep in mind that the injuries you have suffered may be permanent and require ongoing care. In such cases, a lawsuit may offer you better opportunity to receive proper compensation for your ongoing care.
Contact the skilled and proven team at Coxwell & Associates at (601) 948-1600 to discuss the details of your case. We’ll schedule a no-pressure initial consultation for you and help you determine the best course of action.
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Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.