Hip Implant Litigation
Thousands of people filed lawsuits after they turned to hip implants for the promise of reduced pain and greater mobility only to suffer complications that are far more debilitating than the conditions that led to hip replacement in the first place. Many of these claimants discovered a harsh reality: Hip device failures can cause serious long-term health and financial burdens.
Hip replacement makers are under a legal duty to design and manufacture and test properly the safety of their devices. They are also accountable for responsibly marketing their products and properly warning the public about any health risks. When they fail at or ignore those duties, the patients who suffer from their negligence may have legal claims to compensation for their injuries.
In recent years, several popular hip replacement devices have come under fire for causing serious injuries, including:
- Depuy Orthopaedics’ Pinnacle Hip Replacement System, ASR XL Acetabular System, and ASR Hip Resurfacing System
- Zimmer Holdings’ Durom Cup
- Stryker Orthopaedics’ Rejuvenate Modular and ABG II modular-neck hip stems
- Smith & Nephew’s R3 Acetabular System
- Biomet’s M2a metal-on-metal hip devices
- Wright Medical Technology’s Conserve Plus
FREE HIP REPLACEMENT CASE REVIEW
If you've had complications following your hip replacement surgery, you have legal options, contact us today. Our office is heavily involved in hip implant litigations, we have been appointed to the Plaintiff’s Steering Committee in the Biomet M2a Hip Implant Products Liability Litigation, MDL 2391.
Rise and Fall of All-Metal Hip Replacements
As early as the 1700s, surgeons struggled to find effective solutions to painful hip joint diseases. They experimented with cutting bone to change hip alignment and later developing prosthetic devices to replace hip joints.
Their challenge with hip devices was finding materials that would be stable enough to bear body weight, provide mobility and be well-tolerated in the human body. They eventually turned to metal or ceramic balls with plastic or ceramic sockets.
During the 1990s, metal-on-metal hip replacements were promoted as more durable and offering more mobility than replacements made with other materials, like plastic. Promises of maintaining active, athletic lifestyles even helped device makers attract a younger market for their products. As many as 500,000 patients are reported to have received all-metal hip replacement devices.
Although device makers were quick to promote the claimed benefits of all metal devices, thousands received the implants before serious risks and complications were made known. According to a study published in theBritish Medical Journal, metal-on-metal implants marketed in recent years appear to be no more effective or durable than older devices.
Some devices fail, requiring patients receive a second surgery, called revision surgery, in less than five years. Even worse, the study suggests all-metal devices may pose more problems than earlier implants. Complications such as adverse tissue reaction and metal in the bloodstream were cited as health risks for consumers and, later, as legal consequences for device makers.
Here are some of the complications from metal-on-metal devices:
- Decreased mobility and even hip joint failure
- Severe pain in the hip, groin or thigh
- Inflammation and swelling
- Loosening of the device
- Bone damage
- Infections
- Nausea
Filing a Legal Claim
Some manufacturers like DePuy and Stryker, for example, recalled some of their hip devices and systems. But these decisions can come too late. Often by the time device makers decide to do something, thousands of people are already injured. Legal remedies, however, exist.
Many hip replacement injuries can be permanent. Some require revision surgery and related medical care that can cost tens, even hundreds of thousands of dollars.
Coping with these injuries can also carry a high emotional toll. Discomfort resulting from device failure can immobilize patients and interfere with their ability to work and participate in other activities.
For these reasons, patients may be entitled to compensation for:
- Medical Bills -including doctor’s visits, medical tests, pain and other medications, hospitalization, revision surgery, new hip replacement
- Other Compensatory Damages - including care giving services, lost income
- Pain and Suffering - physical suffering, mental and emotional suffering, other personal limitations
- Loss of Consortium - damages to relationship with spouse
- Punitive Damages - awards to discourage similar conduct
Filing a Hip Replacement Lawsuit
If you have received a hip replacement implants, you should talk to one of our lawyers about whether you are eligible to recover similar damages. There are a handful of things to keep in mind about filing a claim. Those include knowing that a lawsuit may bring you more compensation than a recall and knowing exactly what a product liability attorney can do for you.
If you or a loved one had a hip replacement and you suffered injuries, contact us immediately. We serve clients throughout throughout the United States.
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