Many lawsuits have been filed by innocent victims injured by hip implants. Misleading warning labels, dangerous side effects, and many other reasons are listed as reasons by those seeking compensation for their injuries. An experienced hip implant attorney can work with you to determine if you have a hip implant claim and how much your claim might be worth.
Hip Implant Problems
Between 2002 to 2013, Consumer’s Union (now Consumer Reports) found 578 recalls from six major hip implant manufacturers, including Biomet, DePuy, Smith & Nephew, Stryker, Wright, and Zimmer. Unfortunately, these recalls came too late for tens of thousands of patients who already relied on the problematic implants to improve their lives.
Causes of hip implant recalls and problems include:
Design flaws
Early implant failure
Migration (device movement within the body) issues
Instruction problems
Labeling problems
Instruction issues
Missing components
Fractured implants or surgery tools
Hip Implant Manufacturer Negligence
Patients injured by these hip implant devices assert that the companies who recalled the products knew about their faulty designs or failed to warn patients of the risks of the implant. The negligence of the hip implant designers and manufacturers caused their injuries and damages. Under personal injury laws in every state, they could be entitled to money for their damages. A seasoned hip implant lawyer can help them build their case. To win a hip implant claim, you or your attorney will need to prove:
The hip implant manufacturer or designer owed doctors and patients a duty of care
They violated that duty of care by not providing proper information or warnings
You suffered an injury because of their violation
Your injuries caused your damages
Many hip implant victims have had to go through surgery to replace their implants, putting them in more pain and at risk for infections and other surgical complications.
Types of Damages in Hip Implant Cases
Damages are financial compensation that personal injury victims are entitled to for their actual expenses and other losses related to their claim. Sometimes they are paid through a negotiated settlement and sometimes by a court award. Special or economic damages have an already determined value, such as medical bills, lost wages, and prescriptions. General or non-economic damages don’t have an inherent value and are subjective. These types of damages might include:
Pain and suffering
Mental anguish
Scarring
Disfigurement
Loss of consortium or companionship
Discuss how your life has changed since your hip implant or finding out it was defective with your hip implant attorney. They can help you identify your damages and pursue full compensation for them. If you incurred additional complications or had to have other surgeries due to your hip implant, be sure to tell your hip implant lawyer so they can include this in your claim.
Contact Salam & Associates for a Free Consultation
If you think you have a hip implant claim, don’t waste time getting the legal help you need. At Salam & Associates, our personal injury attorneys assist injured individuals in seeking the compensation they deserve based on their state laws. Our lawyers are licensed to practice in multiple jurisdictions, including New Mexico, Michigan, Texas, and D.C. Call our office at 866-640-8998, contact us online through our website, or send an email to [email protected] to schedule your free case review.