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.

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 issues.

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.

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.

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.

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.

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.

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.

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.