DePuy Hip Recall
What is this lawsuit all
about?
Should I become part
of the lawsuit?
What if I cannot afford
an attorney?
Am I in any immediate danger?
Are you going to sue my doctor? Did s/he know that these implants
were defective?
What is wrong with these hip implants and what are the risks to
my health?
But if the company is offering to replace my hip and pay for the
surgery, won’t that take care of the problem?
I'm
not in any pain. Does that mean my implant is okay?
What should I do right now?
How can I learn more
about your firm?
FAQs about DePuy Hip Recall in general
93,000 people have received DePuy hip implants since they were released in 2003.
DePuy claimed the metal-on-metal design would eliminate many of the problems other
models caused. DePuy intended for its design to last longer and require fewer surgeries
over time, lowering the risk to the patient and causing less trauma to the surrounding
tissue and bone overall.
Those promises are the opposite of what actually happened.
The evidence indicates that DePuy knew its implants were failing at an unusual rate
but waited years before notifying the public and issuing a recall. During that period,
a presently unknown number of patients received faulty implants - along with the
health risks associated with metal poisoning, bone and tissue deterioration, pain
and suffering and increased need for early future surgeries.
The worst part? We believe DePuy rushed the product to market without sufficient
testing. In fact, the company told the FDA that their device was so close to another
FDA-approved product already on the market that the FDA approved the device without
actually testing it. The FDA is allowed to do this under the preapproval standard;
however, the company still needs to give an accurate portrayal of their product.
Considering that the DePuy hip implant is failing at a much higher rate than the
product to which it was supposedly near-identical, we believe DePuy misrepresented
their product to the FDA, the doctors who would be installing it and to those patients
who received it.
Evidence shows that the hip implants are failing at much higher rate than competing
products and that the health risks to patients are significant.
We anticipate that many of the people who received DePuy hip implants will suffer
severe health consequences as a result, and for those that hire us, we intend to
seek compensation for their medical bills, unnecessary pain, disability and lost
mobility as well as lost income where appropriate.
If you received a DePuy hip implant and want to receive fair compensation for what
you have already endured as well as what you may endure in the future, we believe
you should. At the very least, we encourage you to become better informed about
the health consequences for the future. Even if you choose not to hire us, we’ll
do our best to inform you of the health risks and your options moving forward.
We will be representing patients with DePuy hip implants under a 40% contingency
fee agreement and advancing the expenses of pursuing the case, which means you will
not owe us any attorneys' fees or case expenses unless we make a recovery on your
behalf. The 40% will be calculated from the gross recovery and expenses will be
deducted after the attorneys' fees from the client's share.
Note, some states have laws that limit the percentage of attorneys' fees in cases
like this and in those states, such laws will control our fee.
We do not believe you are in an emergency situation, nor do we believe you have
any reason to panic. However, the medical risks of your hip implant are such that
you should immediately give both your doctor and our offices a call. Between the
two of us, you should be able to obtain sound medical and legal advice about your
situation.
We are not going to sue anyone's doctor.
To the best of our knowledge, the medical professionals who used DePuy implants
for their patients acted in good faith and with reason to believe the was suitable
for its intended use and appropriate for your condition Our investigation indicates
this device was promoted as the "Rolls Royce" of hip implants: more expensive, but
also much better quality and longer lasting. Doctors recommended the hip implant
on the strength of those claims. We believe they, like you, were misled by DePuy,
which withheld important information about the device.
We don't believe your doctor should have to suffer the consequences for DePuy's
actions.
DePuy was negligent and DePuy should be held accountable.
The new DePuy hip implants have a ball and socket that are both made of
metal. DePuy claimed its metal-on-metal hip implants would last longer than other
alternatives on the market (plastic or ceramic models, for example).
Some combination of the design and manufacturing, however, appears to have caused
extra friction between the ball and the joint. This made the implant's metal wear
off and float around in the surrounding tissue.
This friction releases metal into the surrounding tissue and, over time, may cause
severe pain and even metal poisoning.
Metal poisoning can cause spontaneous dislocation, nerve palsy, masses, rash, groin
or thigh pain, fatigue, or intense pain at the site of the replacement. Other potential
problems you may experience are black tissue stains, pseudo-tumors, progressive
bone deterioration, tissue and muscle necrosis, infections, and a brownish fluid
developing around the hips.
Bone deterioration is one of the symptoms of metal poisoning, but it is also a natural
side effect of receiving a hip implant of any kind. Your doctor likely explained
this risk when you first consulted him or her about getting a hip implant. Your
implant is made with a rough surface with lots of pores in it so that the surrounding
bone can grow onto the implant over time and make it secure. If you end up needing
a revision surgery, some of the bone will be removed too because it has grown onto
the implant. This means you have less bone - and what you have left is often not
as quick to grow onto a new implant.
If you agree to DePuy's terms for hip replacement, it is very likely that
you will have to waive your right to receive any other compensation from DePuy.
For example, you will not receive any compensation for increased disability or the
pain, suffering and anguish you have endured to date and will likely endure as a
result of any revision surgery.
Moreover, you will not receive any compensation for future medical bills, lost wages
or other out of pocket losses.
It's easy to think that compensation isn't worth pursuing, especially when you may
not experience the health consequences for years. However, please do note the multiple
risks to your health and consider how devastating it would be if you had to be hospitalized
to handle them in five years.
We don't know. Your doctor is the best source of information regarding
how well your implant is functioning, so we encourage you to contact him or her.
Call our offices at 1-800-730-7607. We have people standing by to answer
your questions and explain your options in greater detail.
We'll help you determine whether you received a DePuy hip implant and if so, advise
you of your legal rights to receive fair compensation. We can also give you an idea
of what to expect if you decide to hire us and pursue a lawsuit against DePuy.
The bottom line is that we're here to help, and we're happy to give you our best
advice even if you choose to hire someone else or decide not pursue the lawsuit
at all.
Right here. You’re also welcome
to browse our site and learn a little more about our current cases and how we approach
mass action suits.
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