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Hip Replacements

Hip Replacement Lawsuit

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.

Are you experiencing complications from your hip implant?

Major Manufacturers Face Lawsuits

Several hip implants manufacturers are involved in lawsuits because of complications suffered by people who received faulty devices. These plaintiffs claim the companies made defective products and failed to warn the public about the risks.

DePuy faces nearly 12,000 lawsuits filed by people who received the ASR hip implant and another 3,000 from recipients of its Pinnacle hip. DePuy reportedly will pay $2.5 billion to settle 7,500 of the ASR claims. The all-metal devices were supposed to last longer than other implants on the market. Instead, they failed prematurely in thousands of people.

Hip replacement implants that can cause serious injury

DePuy Orthopaedics

  • ASR XL Acetabular System
  • ASR Hip Resurfacing System

Zimmer Holdings

  • Durom Cup

Stryker Orthopaedics

  • ABG II modular-neck hip stems
  • Rejuvenate

Smith & Nephew

  • R3 Acetabular System

Biomet

  • M2a metal-on-metal hip devices

Wright Medical Technology

  • Conserve Plus
Need help identifying your implant? Our Patient Advocates can help.

Lawsuits Can Compensate Victims

Thanks to the negligence of hip manufacturers, tens of thousands of patients are left with physical, mental and emotional burdens. Filing a lawsuit may provide some compensation for these injuries and allow patients and their families to move on with their lives.

Medical Bills

Hip replacement injuries can be permanent. Some require revision surgery and medical care that can cost hundreds of thousands of dollars. These costs can include doctor’s visits, tests, medication and hospitalization.

Pain and Suffering

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.

Lost Wages and Damaged Relationships

Compensatory Damages: Including caregiving services and lost income. 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 implant, you should talk to a qualified lawyer 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.

Lawsuit vs. Recall

The reality is, a lawsuit may offer you more compensation than a recall. Device makers may offer compensation as part of a recall. But they will likely limit compensation to certain medical treatments and revisions. They may not address potential losses like lost wages and pain and suffering. According to some patients, DePuy only covered a fraction of revision costs under their recall, leaving injured patients to foot the rest of the bill. Talk to a lawyer about how a lawsuit may offer more compensation.

Class-Action Lawsuit

Consider talking to a lawyer about risks and benefits of joining a class-action lawsuit. A class action is a lawsuit filed collectively by a large group of people with similar claims. Class-action claimants generally have less control over their cases, including negotiating settlement terms, than individual claimants. However, these groups often have leverage to reach large settlements. Before joining a class action, consider talking to an attorney about the risks and benefits of filing your claim individually.

Think about a Settlement

A qualified device attorney may be able to help you obtain a settlement. These attorneys are knowledgeable about hip replacement injuries and device makers. They can use their experience to help you make decisions like whether to file a claim, go to trial or accept a settlement. Remember that each case is different. It is always best to speak with a qualified attorney for specific information about your legal rights and any available compensation.

Find a Qualified Lawyer to handle your hip lawsuit

People Who Filed Hip Lawsuits

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.

Diane Pingel

Diane Pingel filed a lawsuit against Stryker after she underwent five surgeries to repair tissue and bone damage caused by metal particles flaking off her Rejuvenate hip implant. During one of the surgeries, her femur broke, and her doctor placed a metal rod in her leg. Because she has a Rejuvenate in both hips, the other hip will also need to be replaced. She is one of a growing number of individuals who are filing lawsuits over Stryker’s Rejuvenate and ABG II hip implants.

Loren Kransky

Loren Kransky, a former corrections officer, sued DePuy after he was implanted with the ASR and experienced “a kind of stabbing pain” that prevented him from walking and from rehabilitating after a stroke and forced him to use a wheelchair. Doctors tested Kransky’s blood and found high levels of cobalt and chromium that was poisoning him. A Los Angeles jury found that the ASR was defective in design and awarded the Kranskys $8.3 million.

Things to Keep in Mind about Hip Litigation

Whether you experienced injury or are concerned about future injuries, a product liability attorney can help you protect your rights and any future legal claims. This includes protecting your legal claims while responding to a recall. In the past, device makers have been known to use patient information obtained through recalls to limit their liability.

Before filing a lawsuit against a hip manufacturer:

Talk to an experienced lawyer before signing anything or accepting any compensation

Device makers sometimes use recalls as an opportunity to get patients to sign waivers or accept a fixed amount of compensation. Doing either of these things may prevent you from filing a lawsuit later. So it is best to talk to a lawyer first. Keep in mind that your injuries may be permanent and require ongoing care. A lawsuit may offer a better opportunity to receive compensation for the costs of ongoing care.

Be aware when calling a device maker’s helpline

Device makers sometimes use patient call centers to get information to limit legal claims. Before you talk to a device maker or recall call center representative, keep in mind that you may not yet know the extent of your injuries. Talk to a lawyer first to avoid saying anything that could hurt your potential claim.

Speak to a lawyer before turning over evidence

Also keep in mind that your physician or surgeon may try to turn over evidence in your case, including the failed hip device. In the past, device makers have reportedly paid doctors to turn over any faulty devices they remove. They may also work with doctors to obtain other medical information related to your claim. So talk to an experienced dangerous device lawyer to find out how to protect yourself when seeking medical help for your injuries.

Consider getting a second opinion

During recalls, device makers often provide information about revision surgery and other treatment. However, their recommendations may not be appropriate for you. Consider getting a second opinion before committing to a particular treatment plan.

Free Hip Replacement Complications Pamphlet

Complications From Metal-On-Metal Devices

Hip implants do not come without risk or complications. When implants have two or more metal parts, the devices shed metal particles into the surrounding tissue, which can lead to metal poisoning, implant failure and other severe complications.

Decreased Mobility

Severe Pain in The Hip, Groin or Thigh

Inflammation and Swelling

Loosening of the Device

Bone Damage

Infections

Nausea

Metal Poisoning

Hip Joint Failure

Vanessa Blanco

Patient Advocate vblanco@drugwatch.com
We want to hear from you

If you or a loved one suffered complications from a defective hip implant, we can help. Contact our patient advocates to find out about treatment options, complications and your possible legal options.

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