Metal on Metal Hip Replacement FAQs
Many injury victims share common questions, concerns, and uncertainties. This is general information based upon New York law and its application will be unique to your case. You should always consult an experienced and knowledgeable New York personal injury lawyer if you have specific questions or if you need any legal advice on these issues. For over 30 years, the attorneys of Feroleto Law have been in the business of helping innocent people who were injured because of someone else’s negligence. Our clients rely on our skilled lawyers for thorough case analyses, dedicated representation, and excellent results.
What is products liability?
Products liability concerns the responsibility of those who make products available to consumers when the products fail to perform as intended and cause some kind of damage. Products liability lawsuits fall under the broad definition of personal injury, which is an area of law that aims to protect people who are harmed by the negligence, recklessness, malpractice, or inaction of others. Medical devices such as metal-on-metal hip replacement or hip resurfacing systems are examples of products that have resulted in serious health risks.
What is a recall?
Typically, injuries incurred from unsafe medical devices are not isolated incidents. When the number of injury reports grows, the Food and Drug Administration (FDA) as well the manufacturer will investigate the reports and determine whether a product recall is necessary. A recall may happen for a number of reasons and, in the case of hip implants, does not necessarily mean that the hip system needs to be removed. A recall may simply caution for different or more frequent monitoring. The most important thing you can do if you think you have a recalled Metal-on-Metal (MoM) hip is to consult your orthopedic surgeon.
Why do I need the assistance of a products liability lawyer?
Because cases involving defective medical devices are complex and expensive, you should have an experienced. It is always a good idea to explore every option available to you. By doing so you risk nothing and you can make decisions from a position of strength rather than one of uncertainty. The Buffalo product liability attorneys of Feroleto Law Offices have the experience, resources, and network of medical experts and investigators to successfully pursue your claim. We can evaluate your possible claim relating to any MoM hip implant, including those dangerous products for which there has already been a recall such as:
- Biomet’s Mallory-Head
- DePuy’s ASR XL Acetabular System
- Depuy’s ASR Hip Resurfacing System
- Smith & Nephew’s R3 Acetabular metal liner
- Wright’s Profemur Z Hip Stem
- Zimmer’s Durom Acetabular Component (Durom Cup)
What side effects are metal-on-metal implants causing?
Some reports have shown that the metal ball rubbing alongside the metal socket can cause particles to be released. This may cause a reaction around the hip joint as metal debris enters the soft tissue and loosens the implant, resulting in pain, swelling, difficulty walking, audible popping or grinding, and fluid pockets. The debris may also enter the bloodstream and cause metallosis, which is a form of metal poisoning that can lead muscle breakdown, bone loss, tissue damage, skin rashes, thyroid problems, and organ damage.
If they are so dangerous, why are metal-on-metal hip implant devices still being offered to patients?
As with all medical devices, metal-on-metal hip implant systems come with risks. Orthopedic surgeons must evaluate each patient to determine if the benefits of such implants outweigh the risks. MoM hip implants overall have been shown to provide significant benefits in certain patient populations. Adverse reactions to the metal debris are relatively low and, in many cases, have taken several years to surface, making it difficult to establish a cause and effect relationship. However, if you experience any negative side effects from your implant, contact us for a free consultation to prevent having to pay for additional medical care relating to your implants.
What should I do if I know I have a metal-on-metal hip replacement or hip resurfacing system?
Your orthopedic surgeon should always be your first resource IF you are experiencing hip or groin pain, swelling, mobility problems, numbness, or a worsening of your previous symptoms. Blood tests and imaging procedures will indicate if there are problems with your hip implant. Your primary care physician should be consulted if you have any new symptoms or medical conditions in your body other than at your hip. Be sure to remind your doctor that you have a metal-on-metal hip implant system. If you are not having any symptoms and an examination reveals that the implant is functioning appropriately, there is likely no need for additional tests.
I have a metal-on-metal hip implant, but no symptoms yet. What are my legal rights?
Even if you do not have complaints commonly associated with any of the recalled systems or the MoM systems in general, you may still be entitled to legal damages from the manufacturer based upon the chance that you may eventually incur these complications. You also may be eligible for medical monitoring over the life of your artificial hip. However, your claim must be filed within a certain time period known as the limitations period. This is one of the reasons why it is important to discuss your case with a knowledgeable NY personal injury attorney.
How long do I have to file a claim?
As with most legal issues, hip failure claims are subject to a statute of limitations. This means that a consumer only has a certain amount of time following an injury to file a lawsuit. The applicable time limit varies by state and by the nature of the injury sustained. Contacting a NY products liability lawyer as soon after the injury as possible is the best way to ensure that your rights are protected.
How much is my case worth?
If you have been injured and another party is found to be liable, you are entitled to compensation for all your costs associated with the incident. This value will be different for every case, but generally includes medical expenses, time spent recovering, the costs of disability (both with respect to quality of life and employability), and pain and suffering. You are entitled to be restored, insofar as is possible, to the condition you were in prior to negligent actions of the responsible parties, which may include manufacturers, distributors, suppliers, and other entities involved in providing the defective hip implants.
How do I pay for legal services with Feroleto Law Offices?
Feroleto Law Offices handles litigation on a contingency basis. This means that we do not collect any payment unless your claim has a successful resolution. You pay us a percentage of whatever amount we recover for you. Furthermore, we welcome the opportunity to discuss your case without cost to you and are pleased to offer free consultations.