What to Know Before Filing a Metal on Metal Hip Injury Lawsuit
Metal on metal (MOM) hip implants were designed to be a safe alternative for hip replacement patients. However, studies now show that metal on metal implants may be defective and unsafe. Metal shards and ions can be released into the body when the metal components of the implant rub together. This can cause serious and permanent injuries.
You may have the right to file a metal on metal hip replacement lawsuit if you have developed any adverse health issues after your metal hip replacement surgery. At Rosen Injury Lawyers, we can help you fight for the money you deserve. Call our experienced metal on metal hip injury lawyers to schedule a free, no obligation consultation. We’ll review your case and explain your legal options.
Why Are Metal on Metal Implants Defective?
Metal on metal hip implants are made up of two different parts: the ball and the socket. The ball and socket rub together when you move, which creates friction. Studies show that this friction causes metal shards and ions to break away from the implant.
Metal shards can enter the bloodstream and travel through the body. This can cause severe injuries, including:
- Heart failure
- Kidney failure
- Cognitive impairment
- Vision loss
- Thyroid issues, and
- Organ and tissue damage.
Metal ions can be absorbed into the bloodstream, as well as surrounding tissue and bone. This can have several devastating consequences, including:
- Metallosis (metal poisoning)
- Adverse location tissue reaction
- Adverse reaction to metal debris
- Allergic reaction
- Osteolysis, and
Patients who experience health issues because of a defective metal on metal implant may require revision surgery. This second surgery is performed to replace the defective device and repair any injuries.
How Did I Receive a Defective Metal on Metal Hip Implant?
Medical devices must be approved by the FDA before they can be used in the United States. The traditional FDA approval process, which requires extensive testing, can be expensive and time-consuming. Many MOM hip implant manufacturers have been able to get their devices on the market by taking advantage of a popular shortcut.
The FDA’s 510(k) process allows companies to fast track applications and sidestep testing requirements if the agency has already approved similar products for consumer use. Manufacturers simply have to demonstrate that the new device is just as safe and effective as existing products.
As a result, some metal on metal implants gained FDA approval without rigorous testing. Tests would have likely discovered that the implants had the potential to cause serious health risks. Unfortunately, these devices have been implanted in hundreds of thousands of patients across the country.
What Should I Know Before I File a Metal on Metal Hip Injury Lawsuit?
Have you been harmed because of a defective metal on metal hip implant? Are you thinking about filing a hip replacement lawsuit? Here’s what you should know before you get started.
Which Metal on Metal Implant Do You Have?
No two metal on metal hip implant devices are identical. Each device has a unique design. Many are manufactured by different companies. Rosen Injury Lawyers will help determine which specific metal on metal hip implant you received during surgery.
Metal on metal hip implant devices include:
- Stryker Rejuvenate
- Stryker ABG II
- Stryker Omnifit
- Stryker Crossfire
- Stryker Exeter
- DePuy ASR
- DePuy ASR XL
- DePuy Pinnacle
- DePuy Marathon
- Zimmer Durom Cup
- Zimmer M/L Taper with Kinectiv Technology
- Zimmer VerSys
- Wright Profemur Z
- Wright Dynasty
- Wright Perfecta
- Smith & Nephew Duo
- Smith & Nephew R3 Metal Liners
- Biomet M2a
- Biomet Taperloc
- Encore Orthopedics Revelation, and
- Corin Cormet 2000.
We can begin to investigate your injury once we’ve identified which metal on metal implant you received during your hip replacement surgery.
Does Your Specific Implant Have Known Known Side Effects or Risks?
Several metal on metal hip implants have been approved for use by the FDA. No two devices are the same. Each device has a unique design. This means each device may be associated with different risks.
Learning about the risks associated with your particular device can be incredibly helpful as you pursue compensation.
- What are the commonly reported side effects or complications?
- What is the device failure rate?
- Has the device been recalled by the manufacturer or the FDA?
- Do studies show links between your metal implant and specific health issues?
The answers to these questions can help to create the basis for your metal on metal hip injury lawsuit.
Was Your Metal on Metal Hip Implant Recalled by the FDA?
The FDA has issued recalls for several metal on metal hip implants. A recall doesn’t necessarily mean that an implant is defective or that the manufacturer is responsible for any injuries. However, a recall does indicate that the FDA is aware that a device may be unsafe. Recalls prompt investigations into reported claims. The results of these investigations can be very helpful as you pursue compensation.
You can find out if your metal on metal hip implant was recalled by visiting the FDA’s website.
Which Company Manufactured Your Metal on Metal Hip Implant?
If you decide to file a lawsuit, Rosen Injury Lawyers will investigate which company designed, manufactured, and sold your metal on metal hip implant. This is the company that you’ll name as the defendant in your lawsuit.
Metal on metal hip manufacturers include:
- Encore Orthopedics
- MicroPort Scientific
- Smith & Nephew
- Wright Medical Technology, and
Do you need help determining which company manufactured your metal on metal hip implant? Contact Rosen Injury Lawyers. We’ll help you gather the information you’ll need to file your hip injury lawsuit.
When Was the Date of Your Surgery?
Information about your hip replacement surgery will be relevant to your hip injury lawsuit. Rosen Injury Lawyers will gather some basic details, including:
- The date of your hip replacement surgery
- The type of hip replacement surgery (arthroplasty vs. hip resurfacing arthroplasty)
- The location of your surgery
- The name of your hip replacement surgeon, and
- The names of others involved in your medical care and treatment.
You are entitled to your medical records. Rosen Injury Lawyers will obtain these records from your surgeon or the medical center where your surgery took place.
When Did You Discover Your Injury?
You’ll need to act quickly if you’ve been harmed because of a defective metal on metal hip implant. A statute of limitations will restrict when you can file a lawsuit. The amount of time you’ll have to file your claim will vary by state.
Metal on metal hip injury lawsuits are a type of product liability case. In product liability cases, the statute of limitations begins to run once you knew or should you have known you were injured. Most states require that you file your claim within one or two years of learning that you’ve been injured.
When did you begin to notice side effects and health issues after your hip replacement surgery? When did you discover that your metal on metal implant may have been responsible for those health issues? The answers to these questions will be incredibly important as you move forward with your legal case. Your claim could be barred if you wait too long to take action. This can prevent you from getting the money you deserve.
Contact Rosen Injury Lawyers as soon as you suspect that your metal on metal hip implant is defective. One simple call can help to preserve your right to file a hip injury lawsuit.
Are You Eligible to File a Metal on Metal Hip Injury Lawsuit?
Only an experienced lawyer will be able to tell you if you’re eligible to file a metal on metal hip lawsuit. You should seriously consider speaking with an attorney if you have:
- Had hip replacement surgery
- Received a metal on metal hip implant, and
- Developed health issues or required revision surgery.
Call Rosen Injury Lawyers to discuss your legal options today.
Contact Our Experienced Metal on Metal Hip Injury Attorneys
You trusted that the hip implant used in your surgery would be safe. However, hip implant manufacturers were more concerned with profit than designing a save device. Now you are forced to suffer the consequences.
You shouldn’t have to suffer on your own. The manufacturer should be held responsible for your injuries. The attorneys at Rosen Injury Lawyers can help you fight for the compensation you deserve. Call our law firm today to complete a free consultation and learn more.