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DePuy Defective Hip Implant Lawsuit FAQs

Legal answers to commonly asked questions about DePuy hip replacement malfunctions and recalls

DePuy defective hip implant lawsuits

More than 300,000 people in the United States receive a hip replacement each year. A sudden injury or a chronic health problem can lead to the need for a hip replacement procedure. During a hip replacement, doctors take out the bones that make up your hip joint. They replace them with artificial pieces that should work better and with more comfort.

Unfortunately, what's meant to be a medical cure can sometimes go terribly wrong. Many patients receiving the DePuy ASR hip replacement system have experienced problems and complications. In fact, it has been estimated that nearly 100,000 patients received hip implants that are defective. In many cases, these victims may be able to file a hip replacement lawsuit against the manufacturer at fault.

Here are nine FAQs about the Depuy hip implant recall:

How are people getting hurt because of defective hip replacements?

Metal pieces from the artificial hip can fall off the device and into the body. From there, it enters the bloodstream and wreaks havoc on the body's immune system. Victims have reported organ problems, skin issues, pain, swelling, and even heart problems. They may not be able to walk, and they may have difficulty performing daily tasks.

How long has DePuy known about the problem?

DePuy began voluntary recalls on the ASR hip replacement system in 2010. The recall began because the hip replacement procedures had very poor outcomes. In fact, according to one study by the British Orthopaedic Association, nearly half of the replacements failed within six years. A hip replacement failure is both painful and debilitating. A victim can expect to need additional surgery.

What is product liability and what does it have to do with the DePuy hip recall?

Companies that make products for consumer have a legal responsibility to make sure that those products are reasonably safe. They also have a duty to warn patients about the dangers of using their products. When a company fails in their duty and consumers get hurt as a result, the victims may have a right under Tennessee and federal law to recover for their injuries. This legal liability is called product liability.

Can I recover for my defective hip implant case?

While no two cases are alike, if you received a defective hip replacement then you may have a valid personal injury claim. An experienced Tennessee personal injury attorney at Gilreath & Associates can review the facts of your case to tell you the likelihood of success and discuss what you might expect to recover for your losses. We can also help you understand what you can do to maximize your chances of bringing your claim successfully.

Have other hip replacement victims successfully recovered?

Yes. Hip replacement victims have already won billions of dollars in verdicts so far. Juries have awarded victims compensatory damages for their financial losses and pain and suffering. They have also awarded punitive damages for what they see as intentionally negligent acts on the part of the medical device manufacturer.

Will my case go to trial?

Few defective hip implant cases have gone to trial. Most victims are able to reach an acceptable settlement without needing to take the case to a formal trial. In fact, DePuy has paid more than $2.5 billion to resolve more than 7,000 cases. Each case is different, but DePuy appears to recognize the seriousness of the problem and they resolve most claims without a formal trial proceeding.

How do I know if I'm a victim?

If you or a loved one have received a hip implant, you should be able to get your hands on medical records from your doctor to find out if the implant you received is one of the recalled DePuy implants. You have the right to have this copy for your own medical records. If your doctor resists providing this information, you can work with an experienced attorney to demand it.

How do I know if I have complications?

Your doctor can perform a simple examination and some tests to determine if you've had complications from a DePuy hip replacement system. They might perform blood work. This evaluation is important for protecting your long-term health as well as for documenting your claim for compensation.

What should I do next?

You may have only a limited amount of time to bring your claim. We invite you to contact our team of experienced legal professionals for a compassionate and complementary review of your case. We can help guide you through the process of building and bringing your claim so that you can receive the fair compensation that you deserve.

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