Your Legal Remedies for Defective Hip Replacement

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Advanced medical technology has made once-rare surgeries like hip replacements commonplace today. While most patients enjoy an improved quality of life, those with defective implants have found their health declines greatly. Some of the most commonly used hip replacements contain a metal that deteriorates, causing metallosis — the deposit of debris in soft tissues around the joints — as well as cobalt poisoning.

If you have had hip replacement surgery and are suffering pain or other symptoms, you could have a legal claim. There are tens of thousands of pending lawsuits in the United States against hip replacement manufacturers, including Stryker, Zimmer Biomet and Johnson & Johnson subsidiary Depuy. Stryker has faced nearly 2,000 lawsuits for defects in its “Rejuvenate” and “ABG II” hip replacements. Johnson & Johnson’s Depuy has made a $1 billion payout for its defective “Pinnacle” and “ASR” hip replacements.

Most metal hip replacements are expected to last at least 10 years before any revisions or corrective surgery is needed. But some people with defective implants found after only a matter of months that their hips were not functioning correctly. Multiple failures have been discovered. In some patients, the implants failed to fuse with surrounding tissue while in others with the joint lubricant failed, promoting friction and even breakage. Friction leads to dangerous metal shards being released inside patients’ bodies, which can cause poisoning and other health problems.

legal claim against the manufacturers of defective orthopedic replacements can compensate for medical bills, lost wages and other expenses relating to a defective implant. Damages can also be sought for pain and suffering, a diminished quality of life and other detriments to health.

If you have questions about your legal options for dealing with a defective hip replacement, it is important to speak to an experienced products liability attorney as soon as possible. At Kaufman & McPherson, PLLC we have over 30 years of experience helping West Virginians win just compensation for their injuries. We offer a free consultation in defective-product cases. You can reach us in Bridgeport at 304-842-4300 or you can contact us online for prompt assistance.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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