The DePuy Hip Recall: An Early Look At Possible Damages
A person with a DePuy hip implant who is in pain, who is contemplating revision surgery to replace the DePuy hip implant, or who is wondering about potential future problems with the DePuy hip implant, given that DePuy Orthopaedics has itself acknowledged that there is a twelve to thirteen percent five-year “failure rate” for the DePuy hip implant, may very well be wondering what kinds of damages may be recoverable from DePuy in a lawsuit.
People bring personal injury cases, such as cases involving the DePuy hip implant, against manufacturers of defective products in an effort to be awarded damages and to be “made whole.” They are entitled to that under the law. Damages also serve another purpose. They are a way to make sure that a manufacturer is held responsible for selling a dangerous or defective product, and to make it less likely that it will do so in the future – or that other companies will do so.
DePuy Hip Implant Damages
There are many factors that will determine the kinds and amount of damages that a person with a DePuy hip implant might be awarded in a suit against DePuy Orthopaedics, especially given that DePuy issued the DePuy hip recall and acknowledged problems with the DePuy hip implants.
Generally speaking, in a DePuy hip implant lawsuit, recoverable damages could include the following:
- payment of all medical bills
- compensation for pain and suffering
- reimbursement of lost wages
- payment for any loss of earning capacity
- payment for loss of consortium
- compensation for mental anguish
A person with a DePuy hip implant may also be concerned about future health problems. For example, a person may require future diagnostic testing to determine whether the metal-on-metal DePuy hip implant has led to problems such as metallosis. The costs of those tests could be part of the damages obtained in a lawsuit over the DePuy hip implant.
If the DePuy hip implant causes complications such as pain or stiffness, or if the hip implant fails and causes a hip dislocation, a person may need assistance to walk or get around. Those costs, too, can be part of a claim against DePuy.
People who underwent DePuy hip implant surgery had a variety of reasons for doing so and had reasonable expectations, based on DePuy’s marketing materials, that they would be free of pain and regain full use of their hips. In many, many cases, the promise of the DePuy hip implant already has been broken. For others, it will be broken in the future. Damages may be recoverable to compensate for medical procedures that may be necessary even before revision surgery is performed to replace the DePuy hip implant.
And what if, despite revision surgery to replace a DePuy hip implant and even after rehabilitation expenses, a person is never able to have a normal gait or to be pain free? DePuy may be asked to compensate for that.
DePuy Hip Implant Records
A person with a DePuy hip implant should keep copies of all medical records relating to the DePuy hip implant, as well as copies of all medical bills related to the DePuy hip implant. It also is important to retain information relating to wage losses, loss of consortium or services, and pain and suffering.
DePuy Hip Recall Lawsuit
If you or a loved one has experienced any problems as a result of a DePuy hip implant, you may be able to file a lawsuit seeking compensation for your medical expenses, pain and suffering, lost wages and more. Contact one of our lawyers today for a free and confidential DePuy hip recall lawsuit evaluation.