Attorneys constantly advertise mass tort cases on television. They show past clients who claim they have won thousands or even millions of dollars in their lawsuits. The lawyer implies that you can receive the same type of money. However, in real life, that isn’t how things work. You might or might not be entitled to receive compensation. It depends on what your situation is and hip replacement cases are known for being very hard to handle.
Our attorneys have handled countless mass tort claims including San Diego hip replacement lawsuits. A majority of mass tort cases deal with either pollution, drugs, or medical issues. We refer to them as mass tort due to the fact that those cases have a tendency to involve numerous clients. Mass tort cases do not have just one or two plaintiffs involved.
You need to have sustained an injury to file a mass tort case. If you were not hurt you cannot file a lawsuit. You are not entitled to receive compensation simply from using a product. You must have been injured and you must prove that the defendant caused your injuries.
Over the past decade or so, many hip replacement cases have been filed. It has been proven that the kinds of medical devices that hip replacement surgeries use are defective. For many patients, they cause pain as well as other types of medical problems
If you got a hip replacement and then discovered that you have a faulty device, you might have a claim to file for damages. Call and talk to one of our trustworthy San Diego class-action attorneys at 1-866-CALL-RSD to discuss and review your case.
Why Are So Many People Suing For Hip Replacement Injuries?
Every year, thousands of individuals get a hip replacement. As we age, we need to have more surgeries like this. Since it is a routine kind of surgery, similar materials and equipment are used by most surgeons.
Hip replacement implants are made by many companies. Over the past decade, there have been dozens of major lawsuits against them. The focus of these cases is on medical devices. These companies will be unfortunately subject to a great deal of litigation.
Whenever someone has a hip replaced the new hip needs to somehow be fastened by the surgeon. Plastic fasteners were used in the past, but the most recent trend has been using metal-on-metal hip implants. Companies that manufacture those implants claim they last longer and are more durable compared to other types of implants.
Unfortunately, they don’t last as long and are causing hip replacement patients major problems. When an implant fails, the patient must have surgery to repair it. That means the old implant needs to be taken out and a new one needs to be installed. It is a very invasive and painful procedure.
Hip Replacement Cases Are Still Pending
Some hip replacement models are definitely defective. The main question is what kind of injuries are suffered by patients due to those defects.
All across the country, there are a number of hip replacement cases that are still pending. The following are some of the major cases:
The company manufactures the M2a Magnet hip implant. The FDA originally approved it many years ago. However, recently it was discovered to be defective. Biomet promised its devices would last around fifteen years. However, numerous patients have discovered that their device fails within one to two years of surgery. Since Biomet made promises to large numbers of individuals, they have been subject to several lawsuits. Since 2012, the company has had to pay millions in settlement money already.
Stryker did take its implants off of the market. However, they did it a little late. Currently, in New Jersey, multi-jurisdictional litigation is pending. It is expected that the company will be required to pay millions of dollars in settlement money.
Smith and Nephew
These devices appear to be the most defective out of all of hem. More than 5%of patients who have had these implants have needed to have surgery within a couple of years to have them replaced. A majority of those lawsuits have been settled, but there are some cases that are pending still.
Johnson and Johnson
This is the company that will most likely be hit the hardest out of all of the defendants involved in hip replacement lawsuits. That is due to the fact that Johnson and Johnson have sold the highest number of hip implants. The company had spent more than $2 billion as of 2013 on settling hip replacement cases. There are still cases that are still being filed against the company.
Millions of dollars are spent by companies to settle hip replacement lawsuits. They are also required to pay millions of more dollars in legal fees defending those cases. Our hip replacement lawyers in San Diego, CA, are not intimidated by those companies. They are prepared to do battle against them so that their clients receive the compensation that they deserve for their injuries.
Discuss Your San Diego Hip Replacement Lawsuit With Our Attorneys
Many people wonder how much time they have to get their hip replacement lawsuit field. It depends. It mainly comes down to when your injuries are discovered.
Usually, with a hip replacement case, it is a few years before you discover that your implant has a problem. You begin to feel discomfort and pain before you realize your implant has broken. To determine this, your doctor will need to conduct tests. Usually, a second surgery will need to be performed for the defective hip to be repaired.
In this kind of lawsuit the statute of limitations is fairly clear:
In California, you will two years starting on the date you discovered you were injured. Don’t wait too long to contact a San Diego mass tort law firm. Call and get your initial consultation scheduled with a mass tort law firm in San Diego as soon as you discover you are injured.
Your initial consultation is completely free and you will not need to pay any money until your case is won! Call us today at 1-866-CALL-RSD.