Hip Surgery Lawsuit | Your Legal Guide in Las Vegas & Nevada

What Is a Hip Surgery Lawsuit?

When hip surgery is done correctly, most patients can expect an improved outcome and quality of life after surgery. According to the Arthritis Foundation, 90% of patients who had moderate pain reported mild or no pain five years after their hip replacement surgery.

However, when complications arise, a patient can take legal action against the healthcare provider, the hospital system, medical device manufacturer, and other involved parties in their hip replacement surgery.

Victims can file either a product liability lawsuit against the manufacturer of a defective product, or a medical malpractice lawsuit against surgeons and the medical facility.

Common Hip Replacement Implants and Their Issues

Some common themes with hip replacement failures include the wear and tear of metal, and microscopic metal debris being released into a patient. Over time, these complications can result in health issues like:

• Metallosis (Metal poisoning, where ions of chromium and cobalt get released into the bloodstream, and damage healthy tissue and bone).
• Defective devices, which led to a failure of the implant, prompting additional surgeries.
• Devices that loosen over time, causing chronic pain, tissue damage, bone fractures, and even leg length discrepancy.
• Needing repeat surgeries.

Some common devices that have been recalled over the years and their reason for recall include the following:

• Metal-On-Metal (MOM) Articulating Surfaces: These devices had metal ion release because of wear over time. This would eventually lead to tissue death, bone loss, and other complications.
• Stryker Rejuvenate and ABG II Modular-Neck Stems: These devices also encountered metal-on-metal issues, along with corrosion that caused metal release, pain, swelling, and early failure.
• Smith & Nephew R3 Acetabular System: Another metal-on-metal liner, this device was voluntarily removed from the market after high rates of complications.
• Zimmer Durom Cup: This recalled device resulted in a high rate of early failure and loosening, leading to instability and improper bone ingrowth.

Symptoms and Serious Complications From Defective Hip Implants

When a hip implant is defective, or a hip replacement surgery is not successful, patients can suffer from serious symptoms and complications that impact the quality of their life. Some common symptoms and serious complications might include: 

• Persistent or worsening pain in the hip or leg.
• Swelling and inflammation (Which could be signs of infection).
• Difficulty walking and overall reduced mobility.
• Presence of metal ions in blood (metal poisoning), which can lead to greater complications down the line.
• Premature wear, causing device failure or repeated dislocations.

How To Know if You Qualify for a Hip Replacement Lawsuit in Nevada

There are a couple of factors that can qualify you for a hip replacement lawsuit in Nevada. It’s important to pay attention to these factors because they will give you the greenlight to take legal action against the parties that were involved in your hip replacement surgery. 

You might qualify for a hip replacement lawsuit in Nevada if any of the following applies to your case:

• You received a defective hip implant or suffered complications from metal hip replacements.
• You experienced serious complications requiring revision surgery or hospitalization.
• You have medical records proving the injury you’ve suffered (through a second opinion), and the implant type that caused the injury.

With cases involving defective or medical malpractice hip surgery in Nevada, the statute of limitations is typically two years from the date you discover the injury. 

The Legal Process for Hip Replacement Lawsuits 

As with any legal action, there is a legal process in how to file a medical malpractice lawsuit in Las Vegas, Nevada. You can expect this multi-stage process to look like this:

1. Initial free case evaluation and evidence collection: Our attorneys provide free case evaluations to determine if you have a case.
2. Filing the lawsuit: Our attorneys will file your lawsuit in federal or state court. There may be multidistrict litigation in place, in an effort to consolidate numerous lawsuits against a specific manufacturer.
3. Discovery phase: During discovery, our attorneys will gather internal documents on how a device was manufactured, whether a manufacturer or company was aware of defects, and an investigation into medical malpractice. 
4. Settlement or trial: Our attorneys will negotiate aggressively to secure a fair and comprehensive settlement. If a settlement is unable to be reached, we’re prepared to represent you in court.

Our attorneys will be with you throughout the process to help you understand your legal rights, answer your questions, and provide the resources and support you need.

Differences Between Product Liability and Medical Malpractice Hip Cases

Hip replacement lawsuits are generally broken down into two categories. It’s important to understand each category, as different stipulations and laws are involved with each type of case.

Product Liability Case

Product liability cases are filed against a hip implant manufacturer. These lawsuits argue that the hip implant was defectively designed and manufactured, resulting in injury. These types of lawsuits are centralized in what’s known as a multidistrict litigation and the heart of these cases focuses on corporate negligence, instead of the negligence at the hands of a surgeon.

Medical Malpractice Cases

On the other hand, medical malpractice cases argue that the surgeon who operated on you during your hip implant surgery was negligent, providing care that fell below the accepted standard. These lawsuits argue that negligence lies with the healthcare provider or the hospital, as opposed to the company that manufactured the hip replacement device. These cases are pursued individually.

What Compensation Can You Recover in a Hip Replacement Lawsuit?

Victims can recover both economic and non-economic damages. Economic damages are the calculable, monetary losses you’ve suffered, while non-economic damages encompass incalculable, intangible losses, like pain and suffering or mental anguish.

Common types of damages you’ll be able to recover include:

• Medical expenses and ongoing treatment costs.
• Lost income and future earning capacity.
• Pain, suffering, and emotional distress.
• Disability and reduced quality of life.
• Costs for revision surgery and rehabilitative care.

Settlement awards or jury awards vary based on the facts of your case, the severity of your injury and ongoing complications, and liability.

Hip Replacement Lawsuit Settlements and Jury Verdicts 

Over the past several decades, there has been notable compensation recovery for Nevada patients who were victims of negligent hip replacement failures.

• Since 2008, there has been over $6.5 billion paid out to victims by manufacturers of defective hip replacement devices. 
• Some of these cases resulted in individual payouts that were up to millions of dollars per case.
• Some of the most notable mass tort cases involved manufacturers, including DePuy, Stryker, Exactech, Zimmer, and Smith & Nephew.

Related: Slip-And-Fall Lawsuit Settlements.

How Adam S. Kutner, Injury Attorneys, Can Help 

At Adam S. Kutner, Injury Attorneys, our experienced hip replacement personal injury lawyers have the legal insight, industry background, and dedication needed to fully represent victims like you. 

When you work with our law firm, you can expect to work with a team that brings:

• Decades of personal injury experience in Nevada.
• Skilled handling of MDL and individual lawsuits related to defective hip implants.
• Comprehensive client support, including free consultations, case preparation, and trial representation.
• Commitment to maximizing compensation and providing compassionate care.
• Extensive networks of medical and legal experts for case strength.

Our attorneys are ready to take on negligent parties and fight for your rights. Even if you’re not sure whether you have a case, call our law firm today to schedule a free case consultation and pursue the justice you deserve.

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