Is it Worth it to File a Hip Replacement Lawsuit?

July 23, 2012, by Michael A. DeMayo

If you have had issues with a metal-on-metal replacement hip such as the DePuy ASR or any other recalled hip implant, you’re probably aware of the many lawsuits that have been filed. You may be wondering if it is worth your time and effort to contact a DePuy hip replacement lawyer as well. Many of our clients have similar questions. They wonder:

  • How much of my time will it take?
  • How many years will it drag on?
  • Will I have to lose even more work time to testify in court?
  • I’ve never dealt with a lawyer before. Will I have to pay any money up front?
  • Is this just being greedy? After all, DePuy is reimbursing my medical costs and lost wages.
  • What kind of a settlement am I entitled to?

First off, we want to explain about the type of lawsuit you would be involved in, which is known as a “mass tort”. Most people have heard of a “class action lawsuit” wherein a group of people get together to sue one large corporation. One judgment is handed out and each plaintiff receives the same amount from it. An example of this was the class action lawsuit that was filed against corporate giant Walmart last year, on behalf of all their female employees who were claiming discrimination. (This lawsuit did was not found to have enough merit to proceed, by the way.)

But when consumer products such as medical devices are defective, people can have widely different injuries or complications as a result stemming from the same cause. To avoid clogging up the court system, these cases are combined in a suit known as a mass tort, where evidence is shared among all the different cases. In this way, it is similar to the class action suit.

However, in a mass tort, each verdict is still handed down individually. Therefore, if your faulty hip replacement required revision surgery and there were further complications, you can receive a different settlement from another plaintiff who received the defective hip but has not needed surgery.

Only you can decide if the pain and suffering resulting from a recalled, defective hip implant makes it worthwhile for you to file a lawsuit. The law does provide legal remedies for those who have been victims or poorly designed, defective devices that were supposed to alleviate medical problems – but did the exact opposite. However, if you do decide to exercise your legal right to seek damages, it is particularly important to deal with a law firm that is highly experienced in these kinds of class action or mass tort cases.

The best way to find out the information you need is to schedule a consultation with an experienced personal injury lawyer such as the Charlotte, NC based DeMayo Law. We handle each client and each claim individually, with personal attention to your needs and specific circumstances, even if that claim is part of a larger mass tort action.

At DeMayo law, the initial consultation is always free, with no pressure to continue. We’ll answer your questions as honestly as we can, allowing you the opportunity to make an informed decision as to whether you wish to file suit or not. We work on a contingency basis, meaning that you pay no money up front. Our fee is a percentage of the award when and if you win the suit.

Contact our hip replacement lawyers today and have all your questions answered.




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