It didn’t take long to figure out that your hip replacement implant failed much sooner than you expected. Your doctor has explained what this failure means for you medically, but there isn’t much your doctor can do about the other troubles that the hip implant failure caused you.
Your doctor can’t reimburse you for your medical costs, lost income, out-of-pocket costs, physical pain, or emotional suffering. That type of recovery would need to come from a lawsuit.
Can You File a Mass Tort Defective Hip Implant Replacement Lawsuit?
Before you decide whether to pursue a mass tort case for your defective hip implant, there are some things that you should know. Specifically, it is important to know:
- Whether other people were hurt by the same hip replacement device. Specifically, you want to know if any other lawsuits have been filed against the manufacturer of your hip replacement device. Since the early 2000s, tens of thousands of defective hip replacement lawsuits have been filed. Many cases have since settled, but others are still pending. For example, some lawsuits involving DePuy’s Pinnacle hip replacements are still active as are cases involving Stryker’s LFIT V40 femoral head and Smith & Nephew’s BHR and R3 hips. Other cases involving hip implants such as Stryker’s Tritanium Acetabular Shell are in the early phases of potential litigation. Once you know the specific make and model of your hip implant device, you can search for active cases or contact an experienced mass tort lawyer for more information.
- How the cause of your injuries compares to others who have been hurt. Mass tort cases are not class action cases. You are still filing an individual lawsuit and you are working toward a personal recovery. However, to join a mass tort case, the facts of your case must be substantially similar to the other plaintiffs in the mass tort action. Thus, you must have been hurt because of the same defect in the same type of product. For example, if your hip implant failed because the orthopedic surgeon who performed your surgery made a mistake, then you do not have a mass tort claim against the hip replacement manufacturer. If, instead, your hip implant failed because of a design defect that also caused other people’s hip implants to fail, then you could have a mass tort case.
Once a doctor has determined that your injuries were caused by a defective hip replacement implant, then it is important to talk to a lawyer about your rights and potential recovery.
Should You File a Mass Tort Defective Hip Implant Replacement Lawsuit?
You may have the legal right to file a defective hip implant replacement case, but is it the right thing to do for you? Before you answer this vital question, we encourage you to consider:
- Your medical costs. All of your healthcare costs, including hospitalizations, surgeries, doctors’ visits, medications, physical therapy, and other expenses can be recovered in a mass tort case.
- Your lost income. If you were working after your hip implant surgery and you missed work for a while, or you can no longer work, then your lost income could be part of your legal recovery.
- Your physical pain and emotional suffering. Even though these damages are hard to quantify, they are significant and should be part of your financial recovery.
- The importance of having safe medical devices on the market. As a patient, you trusted that the FDA approved medical device implanted in your body was safe. You had no way of verifying if that was true. However, you can help encourage medical device manufacturers to design, make, and sell safe products by holding your defective hip implant manufacturer financially responsible for the injuries it caused you.
Additionally, we encourage you to contact our experienced legal team for a free and confidential consultation. We want to know what happened to you, how you were hurt, and how your defective hip implant has impacted every part of your life. Call us or fill out our online contact form at any time to learn more.