Hip replacement procedures are supposed to offer relief from pain and lack of mobility. However, instead of improved quality of life, many people have suffered severe complications and ongoing pain due to defective hip implants.
As a result, plaintiffs have filed thousands of lawsuits to recover compensation for damages and losses. If you or a loved one underwent replacement surgery and suffered adverse effects, you may recover compensation for your injuries.
With a hip replacement lawsuit lawyer in your area, you can confidently hold these companies accountable for their negligence and seek the just compensation you deserve.
Schedule a free case evaluation online or at (888) 984-6195.
hip replacement lawsuit Guide
- What Are Hip Replacements?
- What Complications Qualify For a Hip Replacement Lawsuit?
- What Should I Do if I Experience Complications After a Hip Replacement?
- Who Can File a Hip Replacements Lawsuit?
- Why Are People Filing Hip Replacement Lawsuits?
- What Compensation Can I Receive In a Hip Replacements Lawsuit?
- How Do Hip Replacement Lawsuits Work?
- Contact a Hip Replacements Lawsuit Attorney Today
- Hip Replacements Lawsuit FAQs
What Are Hip Replacements?
Hip replacements are medical procedures designed to alleviate pain and restore mobility by replacing a damaged hip joint with an artificial implant.
These surgeries are typically help people suffering from:
- Osteoarthritis
- Rheumatoid arthritis
- Avascular necrosis (a condition that causes bone tissue death)
- Hip fractures or other injuries
Surgeons perform over 540,000 of these procedures annually, with the most common including:
- Total hip replacement (THR): This procedure replaces both the ball and socket of the hip joint.
- Partial hip replacement: This procedure replaces only the ball, leaving the natural socket in place.
- Hip resurfacing: This involves replacing the damaged surface of the hip joint with metal components after removing bone spurs that cause pain.
While these surgeries can improve quality of life and reduce pain, 29 to 39 percent of these procedures result in complications. With over 500,000 replacement surgeries performed annually in the USA alone, this means that tens of thousands of patients may suffer from adverse effects.
If you are one of the thousands of people who have faced complications after replacement surgery, now is the time to take legal action.
What Complications Qualify For a Hip Replacement Lawsuit?
People seek compensation for multiple complications in lawsuits, including:
- Product Dislocation: This occurs when the components of the hip implant move out of their intended position, leading to pain, instability, and difficulty in movement. Patients may require additional surgery to correct the dislocation and restore proper joint function.
- Failure: Implant failure happens when the medical device does not function as intended, possibly due to design flaws or material degradation. This can result in severe pain and impaired mobility, often necessitating revision surgery.
- Fracture or Loosening: Over time, the implanted components may loosen or fracture the surrounding bone. This can lead to instability and pain, requiring further surgical intervention to secure the implant or repair fractures.
- Osteolysis: This is the process of bone dissolution where the body starts breaking down and resorbing bone tissue around the implant. It can weaken the bone structure and compromise the stability of the replacement, often leading to the need for revision surgery.
- Necrosis: Bone and tissue death, or necrosis, occurs when the implant disrupts the blood supply to the bone, causing the tissue to die. This can severely impair hip function and may require surgical removal of the dead tissue and replacement with new materials.
- Pseudotumor Formation: These are non-cancerous masses that can form around the hip joint due to metal wear particles or immune reactions. They can cause pain, swelling, and further complications, often necessitating surgical removal.
- Bone Fractures: The implant's presence can sometimes lead to stress on the surrounding bone, causing fractures. These fractures can compromise the stability of the device and usually require surgical repair to ensure proper healing and function.
In addition to incredible pain and suffering, these complications can result in:
- Extensive medical bills for additional corrective surgeries, doctor visits, and medication
- Lost wages due to time off work for recovery or inability to return to work at all
- Physical therapy costs and other rehabilitative expenses
- Emotional distress and mental anguish from the impact on daily life and activities
If you experienced any of these complications after a hip replacement surgery, seek legal counsel to avoid the burden of financial losses and unnecessary suffering.
What Should I Do if I Experience Complications After a Hip Replacement?
Seeking additional medical attention and contacting a lawyer are the two most important steps to take if you experience complications from your replacement.
These steps create an official record of your experience and establish the severity of your injuries, which you need for a lawsuit.
Other actions you can take to strengthen your case include:
- Keeping a detailed record of all medical treatments, appointments, and expenses related to the complications
- Gathering any relevant documentation from the original replacement surgery, such as product information and surgical notes
- Collecting documentation of lost wages or other financial losses due to complications from replacement procedures
Lawyers in the Lawsuits.com network of legal professionals can help you through these processes with support that includes:
- A thorough evaluation of your case to determine if you have a valid claim against the manufacturer or other parties involved in your replacement surgery.
- Assistance in gathering all necessary evidence and documentation to support your claim, including medical records and expert testimony.
- Representation in negotiations with the responsible parties to secure fair compensation for your losses and suffering.
- Support throughout the legal process, including guidance on when to settle or take your case to trial.
Don't let the pain and complications of a defective hip replacement go without justice. Contact a qualified lawyer today to discuss your options and seek the compensation you deserve.
Who Can File a Hip Replacements Lawsuit?
If you experienced complications after receiving these medical devices, you may file a lawsuit against the manufacturer or other parties involved, especially if:
- You received a defective implant.
- You have experienced complications or injuries because of the defective implant.
- Your injury or complications occurred within the timeframe set by your state's statute of limitations for filing a lawsuit.
Never assume that you don't have a case because you think these criteria don’t apply to you. Often, a doctor or lawyer can trace back what may initially seem like unrelated complications to defective hip replacements.
By consulting an experienced lawyer, you can determine the validity of your claim and take appropriate legal action.
Why Are People Filing Hip Replacement Lawsuits?
In addition to the physical and financial toll that complications from a defective devices can have on an individual, patients who have received the devices may file lawsuits due to:
- Defective Design: Many lawsuits claim that the implant's design was inherently flawed or not properly tested before marketing it.
- Negligent Manufacturing: Some lawsuits allege that errors during the manufacturing process led to defects in the final product, harming patients.
- Fraudulent Marketing: In some cases, manufacturers marketed their replacements as safe and effective when they knew about but didn’t disclose potential risks and side effects.
Though many of these claims have resulted in recalls for many metal-on-metal, ceramic, and metal-on-polyethylene hip replacements, they have already damaged many patients. Filing a lawsuit offers those harmed a chance to seek justice and receive compensation for their losses.
What Compensation Can I Receive In a Hip Replacements Lawsuit?
Since 2002, manufacturers have paid over $7 billion in settlements and jury awards to patients who have experienced complications from defective replacements.
The amount you could receive will ultimately depend on:
- The severity of your injuries and complications
- Any additional expenses or losses incurred due to the complications
- The strength of evidence supporting your claim for compensation
- The impact on your quality of life, including physical, emotional, and financial effects
Based on these and other factors, you may receive economic and non-economic damages for:
- Medical expenses, including past and future treatments related to the complications
- Lost wages or income due to time off work for recovery and treatment
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life
- Out-of-pocket expenses, such as transportation costs for medical appointments
Juries have also awarded punitive damages in cases involving particularly egregious behavior by the manufacturers. These damages can add a substantial amount to your settlement award.
To determine if you can recover these or any other damages in your case, consult a qualified lawyer who can evaluate your claim.
How Do Hip Replacement Lawsuits Work?
You might take multiple legal pathways to file a hip replacement lawsuit, depending on your case and the applicable laws in your state.
Common legal processes for handling these lawsuits include:
- Individual lawsuits: Many plaintiffs have filed successful individual lawsuits against the manufacturer of their defective replacement. In this process, an individual files a lawsuit and pursues compensation for their own injuries and damages.
- Class action lawsuits: In some cases, groups of individuals affected by the same defective replacement may join together in a class action lawsuit. This allows them to pool resources and evidence while holding the manufacturer accountable for any harm caused by their product.
- Multidistrict litigation (MDL): When the same manufacturer faces multiple lawsuits for similar defects, the courts may consolidate them into an MDL. This allows for more efficient handling of legal matters that involve common issues or questions of fact.
In all of these scenarios, partnering with a skilled lawyer can ensure you don't run into obstacles such as:
- Diminished legal rights due to filing deadlines, known as statutes of limitations
- Settling for less-than-fair compensation offers from the manufacturer or their insurance company
- Missing crucial evidence that could strengthen your case and increase your chances of winning a favorable verdict
With the potential for exorbitant medical bills, lost wages, and other difficulties caused by a defective replacement, relying on experienced personal injury lawyers in the Lawsuits.com network of legal professionals provides insight and guidance that can help you on your path to justice.
Contact a Hip Replacements Lawsuit Attorney Today
You shouldn't have to suffer a diminished quality of life due to manufacturer negligence. If you or someone you love has experienced complications or injuries due to a defective hip replacement, seek compensation for your injuries with the help of a qualified lawyer in the Lawsuits.com network of legal professionals.
Fill out our online form or call (888) 984-6195 to connect with an attorney for a free case evaluation.
Hip Replacements Lawsuit FAQs
What if I can't afford a lawyer for my case?
Personal injury law firms that handle these lawsuits often work on a contingency fee payment structure. This allows those who need but cannot currently afford equality legal services to delay payment until a settlement or verdict is reached.
How long do I have to file a hip replacement lawsuit?
The statute of limitations will vary depending on the state in which you live. In some states, it can give you as little as one year from the date of injury, while others may allow up to six years or more.
Don't wait to seek legal advice, as you must file within the appropriate time frame to recover compensation.
What evidence can help in a hip replacement lawsuit?
Any medical records related to your replacement surgery and subsequent complications can help build your case. Additionally, any documentation of expenses or losses incurred due to the complications, such as medical bills or lost wages, can also support your claim for damages.
Can I still file a lawsuit if I signed a waiver before my hip replacement surgery?
Waivers may not always protect manufacturers and other parties from liability if their negligence leads to injuries and complications. Consult a lawyer who can review your case and determine if you still have legal options for pursuing compensation.
How long do hip replacement lawsuits typically take to resolve?
Some cases may settle out of court quickly, while others may require a longer legal process before reaching a resolution. No matter the timeline, trust that your lawyer will work to achieve a favorable outcome for your case as efficiently as possible.