Over the last decade, tens of thousands of artificial hip lawsuits have been filed in the U.S., resulting in billions of dollars in settlements and jury awards. While many cases have been resolved, numerous current defective hip implant lawsuits show there are still faulty devices causing patients harm today.
Victims with faulty artificial hips have experienced a range of health effects, including severe pain and swelling, infections, nerve and tissue damage, and metal poisoning. In many cases, patients with a failed hip replacement had to undergo costly and complex revision surgery, a procedure that takes longer to recover from.
Defective hip replacement lawsuits claim there were issues with the product design, packaging, or manufacturing and that manufacturers knew or should have known the risks. Victims who suffered due to failed or faulty hip implants have been compensated for extensive pain and suffering, lost mobility, medical costs, and other financial losses, a decreased quality of life, and more. But to be adequately compensated for the negligence of a joint replacement manufacturer, victims should speak with a product liability attorney, one with experience handling defective device lawsuits.
Why Hire a Product Liability Attorney for a Failed Artificial Hip Lawsuit
Anyone with a failed hip implant, whether it snapped, fractured, or corroded, may have a case that a lawyer can help determine. Unfortunately, these defective devices are made by several different manufacturers; they aren’t coming from one company, and it isn’t just one type of hip implant or component that has caused so much harm.
Many artificial hip lawsuits involve recalled joint replacement systems – recalls that came far too late for numerous patients but were issued because of reported dangers to patients or due to changes to an implant that weren’t approved by the FDA. For example, the Profemur artificial hip lawsuits were based on the design of the modular neck, which ultimately led to its failure. Many components were recalled, but not until years after they had harmed thousands. Wright Medical and MicroPort Orthopedics, the original and current manufacturers, have paid over $330 million in Profemur settlements.
While many hip replacement systems have been recalled, thousands of plaintiffs who have filed product liability lawsuits have suffered from products that are still on the market today. This is one reason why consulting with an attorney is so important, regardless of the implant you have. The steps a legal team takes to determine whether you have a case and how much it may be worth can help ensure you get the compensation you’re entitled to.
But there are several other reasons why you need a product liability attorney to handle your defective hip implant lawsuit:
Time-Sensitive. Personal injury claims have a statute of limitations. After a certain amount of time, which varies from state to state and depends on the type of claim, victims may lose their opportunity to file a faulty hip implant lawsuit. With the expertise and guidance of a product liability lawyer, you won’t miss deadlines, and your claim will be filed on time (as long as you contact an attorney soon after device failure).
Protection of Rights. As someone who has suffered due to the negligence of a medical device manufacturer, you have the right to seek damages. But, in general, victims of failed artificial hips don’t know the extent of their rights, and dealing with or fighting back against large companies liable for your suffering is difficult to do on your own. A defective medical device lawyer will protect your rights and fight on your behalf while also protecting you from being pressured to settle for less. They know and prepare for the tactics companies use to pay as little as possible and avoid liability.
Complexity of Product Liability Lawsuits. The law is complicated; the average person does not have the knowledge or experience a product liability attorney has and can leverage during negotiations or in the courtroom. The investigation they perform and the resources they have to get the best results from a defective hip replacement lawsuit are invaluable. A product liability attorney ensures mistakes aren’t made and opportunities aren’t lost – things that may affect the outcome of your case and the level of compensation received.
What to Look for in a Product Liability Attorney
The short- and long-term effects of a failed artificial hip can be life-changing, and there may even be permanent health problems. The cost of revision surgery, time off work, pain and suffering, mobility struggles, and other issues quickly add up, overwhelming patients who trusted hip replacement manufacturers to create products that are safe and effective.
If your hip implant fails, there are certain factors to consider when you look for a product liability attorney. Doing so will give you the best chance of being fairly compensated for your injuries and other damages.
Free Consultation
Most personal injury attorneys offer free consultations, and this is something you should look for when considering a defective hip implant lawsuit. During the consultation, the attorney will ask for important details that provide them with enough information to determine whether you have a valid case. If an attorney asks for money for a case consultation, look elsewhere. In addition, most product liability attorneys don’t get paid unless you do, which shows they’re going to do everything they can to get the compensation you deserve. Keep this in mind when searching for representation.
Related Experience
Just like doctors and other types of professionals, personal injury attorneys specialize in certain types of cases. These are called practice areas. The attorney you hire for your artificial hip lawsuit should have experience with product liability and defective device lawsuits. It’s best if they’ve previously represented clients in similar situations. Why? The medical implications, specifically, the way hip implants work and how they fail, the complexity of revision surgery, recovery, and risks, are all crucial factors in a product liability lawsuit. The lawyer you hire for your defective hip replacement lawsuit should have the experience and firsthand medical knowledge to get the most from your claim.
Resources
When hiring a product liability attorney for faulty artificial hips, ask about the resources they have and the steps they take when building a case. Oftentimes, medical experts add great value to cases involving personal injuries. A good product liability lawyer will have worked with medical experts on other cases and be willing to use one if it could strengthen your case. Don’t be afraid to ask about these and other types of resources; understanding how they collect evidence, their investigation process, and the strategies they use can help you decide if they’re the right lawyer for your defective hip replacement lawsuit.
Case Approach
How a product liability attorney approaches a case is another factor to consider when finding representation. While thousands of hip replacement lawsuits have settled through negotiations, many victims choose to file an individual lawsuit instead – a decision made based on the trusted advice of an experienced defective device lawyer. Given there’s a chance your case will proceed to trial, the approach of the attorney you hire is important. From the in-depth investigation to the resources they leverage, your defective hip implant lawyer should be prepared and willing to fight for you in court.
Client Contract
There’s nothing worse than not understanding the details of a legal contract or learning too late that there’s a hidden clause. The lawyer you hire for your artificial hip lawsuit should be willing to discuss and review all aspects of their client contract. Make sure there are no upfront fees and that they only get paid if you do. If they’re pushing you to sign without answering your questions or are unwilling to explain all aspects of the contract if asked, look elsewhere. A reputable and trustworthy product liability attorney won’t hide or try to steamroll you.
