Do Mass Tort Lawyers in Los Angeles Handle Hip Replacement Cases?
Mass tort lawyers handle all sorts of cases. Most of their cases deal with medical issues, dangerous drugs, and pollution. The reason they call it mass tort is because each case usually involves numerous plaintiffs. Very rarely are any of the early cases filed by just one person. The dedicated attorneys at Dalimonte Rueb represent Hip Replacement victims as well.
We see lawyers advertising for mass tort cases on television all the time. They promise to get you thousands or millions of dollars for your injuries. This is misleading. Depending on your injuries, you may or may not be entitled to damages.
In order to be included in a mass tort case, you need to actually suffer damages. So, just because you used a product, doesn’t mean you’re automatically entitled to compensation. You have to be injured and you have to be able to show that your injuries were caused by the product.
Over the last decade or so, there have been a great number of cases filed for hip replacements. The types of medical devices used in hip replacement surgeries have proven to be defective. This causes pain and other medical issues for many patients.
If you had a hip replacement and learned that your device was faulty, you may have a claim for damages. Call and speak with a mass tort attorney in Los Angeles to discuss your case.
What Is the Issue in Hip Replacement Cases in California?
Many patients in California have hip replacements. Doctors perform thousands of them every year. And, most doctors tend to use the same types of medical devices in hip replacement surgery. Companies market their products and, as long as they have a good reputation, doctors will start using their devices.
Several companies currently make hip replacement implants. They’ve been the subject of many lawsuits over the last ten years. They specialize in medical devices and, unfortunately for them, a lot of their products have been defective or outright dangerous.
When people get a hip replacement, doctors need to fasten the new hip in their body. The fasteners that have caused the most problems are metal on metal hip implants. The companies that manufacture these implants claimed that they would be durable and would last longer than other implants.
The problem is that, not only do they not last long, they are causing major problems for hip replacement patients. When the implant fails, these patients need to get surgery just to repair it. This means that the old implant has to be removed and a new one has to be installed. This is a very painful and invasive procedure.
There are Lawsuits Pending Against the Manufacturers of Hip Replacement Implants
Whether or not the hip implants are defective is not in question. We know that they’re defective. It is now a matter of finding out how many patients have suffered from defective devices.
There are several hip replacement lawsuits pending all over the country. Here are some of the major ones:
- Biomet – This company makes an implant called M2a Magnet hip implant. It was originally approved by the FDA years ago but has recently been found to be defective. The company promised that their device would last about fifteen years. However, many patients found their device failing within a year or two of surgery. Because Biomet made promises to so many people, they are now the subject of several lawsuits. They have already had to pay out millions in settlement money since 2012.
- Stryker – Although this company has taken their implants off the market, it was a bit too late. There is multi-jurisdictional litigation currently pending in New Jersey. The company is expected to have to pay out millions in settlements.
- Smith and Nephew – This company’s devices seemed to be the most defective of all. Over 5% of all patients who received their implants had to get surgery within a few years to replace it. Most of these lawsuits have settled, however, there are still cases pending.
- Johnson and Johnson – Of all the defendants named in hip replacement lawsuits, Johnson and Johnson will take the biggest hit. This is because they sold more hip implants than the other companies. As of 2013, the company had already spent over $2 billion to settle hip replacement cases. And, there are still cases being filed against them.
These companies have spent millions (or billions) to settle hip replacement cases. This doesn’t even include the millions in legal fees they have spent to defend these cases. Mass tort lawyers in California aren’t intimidated by these companies. They look forward to waging war against them in order to get their clients the compensation they deserve.
How Does the Statute of Limitations Impact California Hip Replacement Lawsuits?
A lot of people are worried that it’s been too long to file a hip replacement lawsuit. In fact, Johnson and Johnson made this argument recently. However, the statute of limitations in these cases doesn’t start running until you’re aware of your injury.
In hip replacement cases, it’s usually a few years before you even realize something is wrong. What happens is you see your doctor for hip pain and he discovers that your hip implant was defective. He then has to perform surgery to repair the damage and put in a new hip.
The statute of limitations in California for this type of lawsuit is pretty clear:
- You have three (3) years from the date you find out you were injured
- If it takes longer than three (3) years to discover your injury, you’ll have one (1) year from the date of discovery
So, basically, you have one year from the date you discover your hip implant is defective. Don’t wait long to speak with an attorney. Call and schedule your initial consultation with a mass tort attorney in Los Angeles as soon as you realize you’re hurt.
Your initial consultation is free and you pay nothing until you win your case!