Are You Suffering Due to a Defective Hip Implant? You May Be Entitled to Compensation
In February of this year, Exactech issued a recall of all hip (and other) inserts that have been manufactured since 2004. The reason for the recall is that they learned that most of their inserts had been packaged and shipped in materials that did not adequately guard against oxidation.
In general, inadequate packaging apparently causes significant and premature degradation of the polyethylene components of hip inserts, which ultimately leads to their failure. In addition, a failing implant can cause numerous health problems and require surgery to replace them.
If you have received a hip implant and have concerns about your specific situation, a Raleigh personal injury lawyer can provide you with the guidance you need. Product liability claims are complicated and you must take action in order to protect your right to compensation.
How Do I Know if I Have a Claim for Compensation?
Merely getting a hip implant does not necessarily mean that you have a defective medical device claim – it is possible that your device is not showing signs of premature deterioration or any other issues that may stem from implantation. That said, you should contact your doctor immediately if you are experiencing any of the following symptoms:
- Clicking, popping, grinding, or other noises emanating from the joint
- Instability in the joint
- New or worsening pain
- Inability to bear weight on the joint
- Loss of mobility
One of the most serious side effects that some patients experience from defective hip implants is osteolysis and/or osteonecrosis — degeneration of the bone and tissue surrounding the joint where the implant was placed. If you have experienced any of the above symptoms or been diagnosed with osteolysis or osteonecrosis, you may have a claim for compensation and should contact a Raleigh personal injury lawyer as soon as possible.
If you have received an implant but have not yet experienced any symptoms, you may not need to pursue a claim at this time. Nonetheless, you should consult with your physician about your implant rather than wait for your symptoms to appear.
The only remedy for a failing hip device is surgery. Referred to as revision surgery, the procedure may involve total replacement of the implant or replacement of specific components. The surgery may also entail repairing damage to the surrounding tissues and bones of the affected joint that were harmed as a result of the defective implant. Generally speaking, revision surgery is a more complicated procedure than the initial surgery and requires the involvement of a surgeon who specializes in revision surgeries. Furthermore, the longer you have had the implant, the more likely there has been significant damage. As a result, the surgery may be even more complicated than expected and less likely to result in a positive outcome.
You likely have a claim for compensation if you have had revision surgery or it has been recommended by your physician. In that case, we recommend that you talk to a personal injury lawyer as soon as possible to understand your options.
What Compensation Am I Entitled To?
If you have suffered harm as a result of a hip implant, you deserve to be made whole. This means that you are entitled to compensation for all of your losses caused by the device in addition to your medical expenses. For example, you may be entitled to compensation for the following:
- Your lost wages. You may be entitled to compensation for any current or future lost wages. For example, you could seek recovery of any wages that you lost if you are unable to work due to the defective implant before, during, or after your surgery. This could also include future lost wages and lost earning capacity if your surgery results in a disability that limits your ability to work in the future.
- Your pain and suffering. You are also entitled to compensation for any physical pain and mental anguish you experience before, during, or after your surgery to repair the damaged implant. This amount is somewhat subjective and can therefore be difficult to calculate, but an experienced Raleigh personal injury lawyer will know how to calculate fair compensation for the pain and suffering you have experienced.
- Loss of enjoyment. For many people, joint problems can mean that they are unable to engage in the hobbies they love or simply live their daily lives as they would otherwise. For those who suffer a permanent disability due to these defective implants, you may be entitled to substantial compensation for your loss of enjoyment of life.
There may be other losses that qualify for compensation. To get the compensation you deserve, the best thing you can do is contact a Raleigh personal injury lawyer as soon as possible.
Talk to a Raleigh Personal Injury Lawyer at Martin & Jones Today
If you have been harmed by a hip implant, we can help. With over 30 years of experience in helping people injured by defective pharmaceutical products, we understand the challenges you are facing and know how to get the compensation you need. To schedule a free consultation, contact us today at 800-662-1234.Share This
The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.