Lawyers that deal with mass tort cases can be seen on television constantly. They often talk about helping their clients when millions of dollars in lawsuits. Their implication is that you can do the same. Yet, this is seldom how it works. Your ability to file an Atlanta hip replacement lawsuit depends on many circumstances. The situation, and the hip replacement itself, are often factors in making this decision.
Our Atlanta mass tort lawyers constantly deal with cases just like this. We can help you with medical issues, pollution lawsuits, and those related to drugs. Mass tort cases often involve multiple parties. This means that these seldom involve just one or two people.
To file a mass tort case, you first must have been injured. If you don’t have injuries, the case cannot be filed. Just using a product does not entitle anyone to any type of compensation. You have to show conclusively that you were injured by the defendant.
Over the last decade, multiple hip replacement cases have arisen. Medical devices, such as those used in hip replacement surgeries, have been shown to be defective. This can lead to medical issues and pain for those that receive them.
Once you have learned that you have a faulty implant, you may file a claim for damages. By speaking with one of our Atlanta based hip replacement lawyers, we can discuss your case with you.
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Top Reasons That People Sue For Hip Replacements
In general, there are thousands of procedures done every year revolving hip replacements. Older people tend to have these so they can walk better. Most surgeons that do this use the same materials and equipment.
The businesses that make hip replacement implants are numerous. They have been subjected to many lawsuits for the last decade. These medical devices, unfortunately, can be profitable but also can lead to lawsuits.
Once your hip is replaced, it will work if it was fastened properly. This is done with metal on metal hip implants and by using plastic fasteners. Those that use the metal on metal claim they will last longer.
The problem is that they do not last very long and subsequently lead to needing hip replacements for their patients. This is because they fail and surgery is the only remedy for this issue. They must take out the old implant and put in a new one. When this is done, not only is it invasive, but it can be extremely painful.
Are There Many Hip Replacement Lawsuits Pending?
There are many hip replacements that become defective. The types of injuries that people experience depends on the defect itself.
There are a multitude of cases pending all across the country. Here are some of the largest ones to date:
This business is known for producing the M2a Magnet hip implant. Approved by the FDA years ago, it is now seen as being a defective product. It was promised to last 15 years, but that has not regularly occurred. Many that have complained experienced pain and discomfort after one or two years. This company promised that it would work, but now they are simply facing lawsuit after lawsuit. Millions of dollars have been sent out to settle these cases since 2012.
This business has literally taken all of their implants off of the market, however, it is a little too late. Multijurisdictional litigation in New Jersey is happening. This business is expected to pay out what could be millions of dollars in settlements.
Smith and Nephew
Regarded as one of the worst companies for producing hip implants, they are extremely defective. Over 5% of the people that received these implants have had to replace them after only two years. Some of the lawsuits have been settled, yet there are many cases still pending.
Johnson & Johnson
Johnson & Johnson will likely pay out more than any of these other companies for hip replacement lawsuits. They have sold more hip replacement products than any other business. As of 2013 company $2 billion has been sent out for settlements. There are many other cases that have been filed against this business.
When companies spend millions of dollars to settle these lawsuits, it’s not the only money they are losing. Legal fees can also cost millions. Mass tort lawyers in Atlanta, GA, cannot be easily intimidated by these businesses. They are very eager to wage war on behalf of their clients that do deserve compensation.
What Is The Statute Of Limitations On Atlanta Hip Replacement Lawsuits?
Some people wonder about the statute of limitations in regard to hip replacement lawsuits. It depends on each individual case. However, when you look at all of them, it is really decided by the level of their injuries.
Since it does take one or two years to determine if something is wrong, this is why they are not filed soon after the procedure is done. People may not realize that it is broken until that point in time. Therefore, doctors must perform tests to see the extent of the injuries. In some cases, a second surgery will be recommended to rectify the situation.
The statute of limitations on hip replacement lawsuits is very specific:
You have a total of two years, in the state of Georgia, to file your lawsuit. You should not wait very long at all to contact an attorney. By contacting a local Atlanta mass tort law firm as soon as possible, you can schedule your initial consultation once you have realized you have been injured.
These consultations are going to be free and you will pay absolutely nothing until they have won your case!