Oregon DePuy and Stryker Hip Implant Attorneys
X-Ray of a completed hip implant surgery
Hip implants have been a big business for manufacturers and for the surgeons that implant artificial hips. Although modern hip implants cost only about $350 to manufacture in United States, patients are often charged as much as $13,000 or more for the implant. That does not include the surgical costs that can range anywhere from $20,000-$70,000.
Several of these hip implants have recently been recalled. The recalled hip implants include a type named Stryker and another called DePuy ASR. These implants feature a newer design involving a metal ball that fits into a metal socket. The manufacturers believed this new metal on metal design would allow hip implants to last longer and be more durable. Unfortunately, because these devices were similar in design to older versions that did not have a metal-on-metal interface, they were allowed to go to market without proof to the FDA that they were both safe and effective. There were early warnings by some experts who had concerns about implanting a joint that would have two metal surfaces sliding together without lubrication other than fluids that might be present in the body. Imagine a car engine without oil.
Predictably, these new metal-on-metal hip implants began to "fail" much sooner than older designs. The metal-on-metal surfaces sliding against each other causes erosion and particles of the metal to enter the bloodstream. These chromium and cobalt metal particles and ions are a concern for their possible toxic effect on the body. Some believe this has caused a form of metal poisoning. Other side effects of the metal-on-metal disintegration were pain, tumors, tissue disintegration, and a host of other associated painful effects.
Procedure for a total hip replacement surgery
Stryker and Depuy defective hip implant lawyers have filed tens of thousands of lawsuits against the manufacturers of these metal-on-metal design hip implants. The manufacturer of the DePuy ASR has made settlement offers to those that filed lawsuits and had to have the implants removed. Some people have turned down the offer of settlement and have opted to go to trial to have a jury determine their compensation. So far only two defective hip implant lawsuits involving the DePuy ASR have gone to trial. The manufacturer has won one case and the implant patient won the other case.
The decision to settle a defective hip implant case instead of filing a lawsuit and going to trial is a difficult question involving many considerations. Our philosophy is to find the best course of action that is suited for the particular individual needs of the client with a claim. Litigation is a process with no certain results, and we attempt to have clients understand and appreciate their tolerance for risk. By giving our clients the pros and cons of all of the options, we help the clients make a decision that is best for them.
Important time limits on claims exist, known as statutes of limitations. If you have a potential claim, you should call one of our attorneys to find out what time limit applies to your claim. There is no charge for this advice, and claims are handled on a percentage or contingency basis.