For many people, a hip replacement is a necessary surgery they have to go through at some point in their life. Advances in medical technology mean that these hip replacements can now be given to help restore mobility and physical capability to people’s lives after losing it. Unfortunately, like with every major surgery, there are risks.
There are many things that can go wrong with hip replacements. From the moment that the company first designs the artificial hip to the actual surgery itself, there are possibilities for multiple parties to be negligent and make crucial mistakes.
If you are experiencing problems after a surgery-gone-wrong, you shouldn’t suffer in silence. At The Law Place, we are ready to help you secure compensation and get the justice that you deserve. Our personal injury lawyers have over 75 years of combined experience in working with hip replacement lawsuits and helping clients just like you through this confusing process. We will thoroughly investigate your case to determine who the negligent parties are and assess how much compensation you deserve.
Contact us today to schedule a free consultation. Our phone lines are open 24 hours a day, 7 days awake, so don’t delay! Phone us at (941) 444-4444!
Common Risks of Hip Replacement Surgeries
There are many different types of injuries and damages that can be caused by hip replacement surgeries. Some of the most common ones are listed below:
- Blood clots.
- Implant debris.
- Heterotopic ossification.
- Leg length differences.
- Femur or periprosthetic fractures.
- Early implant failure.
- Avascular necrosis.
- Increased pain.
- Allergic reaction.
- Nerve injury.
If you have endured any of these injuries, or any others, including emotional trauma, then you could be entitled to compensation and so should contact our law firm today to discuss your options in detail.
Metal-on-Metal Hip Replacements
Metal is a material that is often used in hip replacement surgeries and can be used with ceramic or polyethylene to create the hip implant. Although there is always a risk for things to go wrong, these types of hip implants are relatively safe.
However, formerly in the United States, hip implants that featured a metal ball and a metal-lined socket were used, known as metal-on-metal hip implants. While these implants brought with them great benefits, such as a decreased chance of fracturing from the device and of dislocation when the ball slips out of the socket, these can no longer be used. This is because premarket approval now requires a process of scientific and regulatory review of all hip implants to evaluate the safety and effectiveness, as well as to prevent the impairment of human health. Currently, no metal-on-metal total hip replacement devices have passed this process.
Metal-on-metal hip replacements include additional risks than other types, such as particles breaking free from the device and reacting with the joint, which can deteriorate the tissue or lead to the loosening and failure of the device. These dangerous metal particles in a metal hip replacement can also enter the bloodstream, which can lead to serious issues, such as impairment of the heart and other organs.
There has been a huge metal hip replacement recall for many of these implants, but not all have been recalled. If you or a loved one have a metal-on-metal hip replacement, then you should get in touch with The Law Place today. The manufacturer may have put you in serious danger, and you may be entitled to compensation. Contact us today to schedule a free case evaluation with our skilled attorneys.
Negligence in Medical Malpractice Cases in Bradenton
In order to be able to win your hip replacement lawsuit, you need to be able to prove negligence. This can be a complex process, but our lawyers at The Law Place will be able to help you achieve this. There are four foundational elements that must be established to successfully prove negligence.
In cases where medical malpractice was the cause of the hip replacement defects, you would need to be able to prove the following:
- Duty – The surgeon that completed your hip replacement surgery owed you a duty of care, meaning that they must follow all accepted medical practices.
- Breach – When their duty of care has been established, the surgeon must exercise reasonable care and follow accepted common procedures. If they don’t, you could be entitled to compensation.
- Injury – The injured you suffered was due to the surgeon’s actions or inaction.
- Damages – Your lawyer must be able to prove that you suffered damages from the injury, including economic and non-economic damages.
Ultimately, your attorney must be able to prove that your surgeon’s conduct fell below the accepted standard of medical care. The best way for them to do this is to have experts testify.
Negligence in Defective Product Cases in Bradenton
If your hip replacement defect was caused by defective products, it would most likely fall into one of the below three categories:
- Design defects – If the hip implant was designed poorly, then it doesn’t matter how well it was manufactured, as it will still put the user at high risk as it won’t perform as safely as reasonably expected.
- Manufacturing defect – Regardless of how well a product is designed, if the end result did not adequately follow the design and was faulty, the user can sue and hold the manufacturer responsible.
- Failure to warn – Known as “marketing defects,” this focuses on the supply chain. This means that the product was properly designed, but because it was not accompanied by accurate instructions and/or warning, the product became unreasonably dangerous for its consumers.
As long as your lawyers can prove that the medical device was defective, it doesn’t matter what the manufacturer’s intent was. All that matters was that you were put in danger and harmed because of their negligence.
Litigation Against Specific Manufacturers
Hundreds of thousands of people have already settled hip replacement lawsuits with the help of experienced lawyers, and many are against specific manufacturers whose negligence has left many people suffering. Some specific manufacturers that have been included in lawsuits all over Florida are listed below:
- DePuy Orthopaedics – There are two defective hip replacements that have been manufactured by DePuy Orthopaedics. The Pinnacle hip replacement has been subject to over 10,000 lawsuits, with more than $700 million won by victims. The ASR hip replacement has also faced over 10,000 lawsuits and with more than $4 billion received in settlements.
- Smith & Nephew – Smith & Nephew have had more than 600 lawsuits filed against their BHR and R3 hip implants.
- Stryker – Many Stryker hip implants have faced lawsuits over the years. Over 700 lawsuits were filed over the LFIT V40 Femoral Head in 2018, more than 3,000 lawsuits filed against Rejuvenate and ABG II hip implants, many still pending with settlements over $1.4 billion, and firms are still evaluating pending cases filed over the use of the Tritanium Acetabular Shells.
- Wright Medical – While Wright Medical paid out $330 million between 2016 and 2017 for defective implants, the courts have since disallowed anyone filing new lawsuits, as Wright Medical no longer manufactures hip implants.
Regardless of where your hip implant was manufactured, you may be entitled to compensation. By booking a free case evaluation with The Law Place, you will be able to speak to one of our knowledgeable and experienced lawyers in-depth about your case and receive legal advice regarding the best options that you have. Don’t hesitate, contact us today!
What Damages Can I Recover in a Hip Replacement Lawsuit in Bradenton?
We know that if you or a loved one have suffered from a defective hip replacement, you may be experiencing huge financial losses, mostly from expensive medical bills. Once you’ve enlisted the help of one of our lawyers, they will establish the negligent parties and assess how much compensation you deserve. Below are the most common damages that the lawyers at our law firm recover for victims of defective hip replacements:
- Medical expenses – If your injuries left you in severe pain that meant you required medical treatment, you should get compensation to cover these costs and any other related expenses.
- Loss of income – If your injuries meant you couldn’t work, or you’ve lost future earning capacities because of the hip replacement, then you deserve compensation to cover this.
- Pain and suffering – If the hip replacement and injuries afterward left you with emotional distress and trauma, then you should receive compensation. This is often hard to prove, and so it’s advised that you work with an experienced lawyer.
- Wrongful death – If you lost a loved one due to a defective medical device or negligence from the surgeon, then you deserve compensation to cover funeral costs and loss of consortium.
We know that monetary compensation won’t be able to fix the trauma that the injuries caused by the defective hip replacement left you with. However, it will help you cover the financial burdens you may now be facing and act as some proof that justice was served. So, contact us today and begin your journey to securing the compensation that you deserve with The Law Place.
How Can The Law Place Help You?
At The Law Place, our lawyers promise to do all the hard work, so you don’t need to stress and can instead focus on recovery. We help our clients in the following ways:
- Investigate – In order to win your compensation, lawyers need detailed evidence to prove negligence and injury. To do this, our lawyers will gather reports and information that prove your case.
- Negotiate – It is likely that the negligent parties will want to get you to agree to a low settlement offer. However, with our lawyers’ years of experience dealing with hip replacement lawsuits, we will be able to assess how much compensation you truly deserve and negotiate with the party for a final settlement that is fair and beneficial to you.
- Litigate – Not all cases end with a settlement. If this happens to you, we will represent you in court, build a strong argument in your favor, and fight for maximum compensation.
If you or a loved one has suffered because of hip replacement surgery or a defective hip implant, then it is crucial that you contact a personal injury attorney today.
Call The Law Place Today
Nobody should have to suffer because of something that they had no control over. If you have been experiencing pain following a hip replacement surgery, or you have received a hip replacement recall, then you should consult with an attorney from The Law Place. Our Bradenton-based lawyers have extensive experience in helping clients just like you who have suffered after a defective hip implant. We are determined to get you the justice and closure that you deserve.
If you are currently suffering because of a hip replacement surgery gone wrong, call us now. The Law Place offers a completely free consultation for anyone who thinks they may have a claim, so phone us today to schedule one at (941) 444-4444. Phone lines are open 24/7.