Since metal-on-metal hip implants gained popularity—under the belief the implants
would last considerably longer than their polyethylene and ceramic counterparts—over
half a million of the devices have been implanted. Unfortunately, the all-metal
implants were not nearly as safe as the manufacturers let on, leading many recipients
to file a hip lawsuit. After one metal hip after another labored under a recall,
patients have been forced to file a hip lawsuit in order to recoup some of the considerable
medical expenses associated with hip revision surgery.
The Extent of Hip Implant Litigation
Hip litigation is extensive at this point with many more hip lawsuits expected.
One particular metal hip manufacturer has over 8000 cases of hip litigation filed
against them, while more recently recalled metal hip implants are just beginning
to see one hip lawsuit after another filed. Most of the current hip litigation charges
the manufacturers with marketing hip implants which were not properly tested, have
a high rate of failure and can lead to metal poisoning and other serious health
Allegations in Metal Hip Litigation
Plaintiff’s claims in the hip litigation also allege the manufacturers touted the
metal implants as being superior to other implants on the market and, in particular,
a perfect fit for younger patients. Instead, the all-metal hip systems contain design
and manufacturing defects which can lead to serious and permanent damage among patients,
resulting in the current level of hip litigation. Destruction of bone and tissue—sometimes
permanent—have caused many patients to instigate a hip lawsuit while others have
suffered gastrointestinal, neurological, cardiovascular and kidney issues as well
as loss of vision and hearing and myriad of other symptoms associated with metal
toxicity—all issues leading to hip litigation.
How Hip Implant Litigation Differs From Recall Offers by Manufacturers
Under the recalls of most metal hips the manufacturer may offer to reimburse patients
for testing, treatment, revision surgery, if necessary and other costs related to
the recall. Unfortunately, the manufacturers are not clearly defining the word “necessary,”
and many patients are left with astronomical expenses related to a hip device they
believed to be safe. These patients may have no choice but to file a hip implant
lawsuit or hip litigation in an effort to recoup their medical expenses, lost wages
and potential pain and suffering.
Hip Implant Litigation vs. Signing Forms from Manufacturers
Many hip implant recipients were sent letters from the manufacturer asking patients
to sign medical authorization forms. Many lawyers counsel their clients against
signing such forms as they could grant hip manufacturers access to patients’ medical
records. Such forms could actually work against the patient as during a hip lawsuit
or hip litigation the manufacturer could use unrelated medical information against
the patient in order to limit their liability.
Class Action Hip Lawsuit vs. MDL Hip Litigation
Some injured consumers may choose to join a class action hip lawsuit while others
will go with metal hip MDL hip litigation. There are important differences between
these two types of hip litigation. Some victims of a defective hip may choose to
turn to a class action hip lawsuit rather than “going it alone.” A hip lawsuit filed
as a class action includes comparable claims from a group of people injured by the
same defendant. When making the determination about whether class action hip litigation
is warranted, courts will consider whether there are sufficient claims to resolve
them in a single lawsuit.
Joining a Class Action Hip Litigation
The advantage of a class action hip lawsuit is that it allows a leveraged settlement
without the need to litigate claims individually. Once notified, all potential class
action members are allowed the opportunity to file a hip lawsuit claim. A primary
disadvantage of a class action hip lawsuit is that whatever the settlement amount
may be, it will be split equally between all members of the class action hip litigation.
This means that a person who suffered extreme harm from the devices could receive
the same settlement as the person who suffered minimal harm. Those who join in a
class action hip lawsuit are bound by the settlement the class reaches and forbidden
from filing individual hip litigation.
Joining an MDL Hip Lawsuit
An MDL hip lawsuit could be a better choice, particularly among those patients who
were severely harmed by a metal hip implant. Multidistrict litigation allows large
numbers of similar hip litigation cases to be consolidated and heard before a single
judge. Cases with common factual or legal issues are grouped together for discovery,
pre-trial hearings, trial scheduling and settlement conferences, however each person
maintains a separate hip lawsuit for settlement purposes. The details of each individual’s
case will be heard during their hip litigation and settlement is based upon the
specific amount of harm each patient suffered.
Getting Help with Your Hip Implant Lawsuit
It’s important that you discuss the issues regarding your potential hip lawsuit
with a knowledgeable attorney such as those with the Sullo & Sullo Law Firm. Our
attorneys can help you determine whether joining a class action hip lawsuit or an
MDL hip litigation is in your best interests. A hip implant lawsuit can be a scary
undertaking for many people however filing a hip lawsuit may be the only way you
can ensure a negligent manufacturer is made to pay for marketing an unsafe medical
device. Our attorneys offer compassion and experience and can guide you through
the hip lawsuit process.