Hip Replacement Lawyer in Las Vegas

Hip Replacement Lawsuits in Nevada

When a surgical procedure does not go as planned, or a medical device fails to perform as expected, you might have grounds to initiate a hip replacement lawsuit. Typical lawsuits in Nevada have been filed for various reasons, including:

• Product defects
• Tissue damage
• Implant failures
• Metal poisoning
• Severe pain
• Metallosis

While the majority of hip surgery lawsuits involve defects in metal-on-metal designs, other lawsuits involve product defects in other parts of the implant, such as polyethylene liners.

In addition to defective hip implants, there can also be surgical errors, which could lead to medical malpractice injury claims.

Some common surgical errors that could occur during hip replacement surgery are:

• Misdiagnosis: Performing the surgery when it was not required or needed.
• Improper assessment: Not preparing the patient sufficiently for surgery.
• Improper implant insertion: Not installing the implant in the correct position.
• Leg length discrepancies: One leg becomes noticeably shorter or longer post-surgery.
• Wrong implant size: Choosing the incorrect size of the implant.
• Vascular or nerve damage: Resulting damage to the blood vessels and nerves in the surgical location.

Common Defective Hip Implant Models and Manufacturers

There have been lawsuits filed against several hip implant manufacturers for defective models, including:

• Exactech: MCS hip systems and GXL Liners (Acumatch, Novation).
• Stryker: LFIT V30 metal heads, Triden PSL cups, Accolade TMZF components, Tritanium shells, ABG II Modular and Rejuvenate Hip Systems’ neck stems.
• DePuy (Johnson & Johnson): Pinnacle Hip and ASR XL Acetabular Systems.
• Zimmer Biomet: Biomet M2a Magnum System, M/L Taper Hip System with Kinective Technology, Durom Cup components (Durom Acetabular System).
• Smith & Nephew: Modular SMF, R3 Acetabular, and Birmingham Hip Resurfacing systems.
• Wright Medical: Profemur Z hip stems, Conserve Plus Systems.

It should be noted that you can file a hip implant lawsuit, even when there have not been any recalls issued for a particular system, part, or component. As long as you can establish and prove there was a product defect or surgical error, you can file a personal injury claim against the responsible party or parties.

Signs and Symptoms of a Failed Hip Implant

Some signs and symptoms to look for that could indicate a failed hip implant are:

• Hip instability: It feels like your hip is shifting around and is loose.
• Pain: Pain in the thigh, groin, or hip region that is persistent or worsens over time, especially when moving from sitting to standing or walking.
• Limping: Noticeable changes in your gait that cause you to limp.
• Mobility problems: Having difficulties walking, stiffness, or limited range of motion.
• Swelling: Noticeable swelling and discomfort.
• Redness/warmth: The area around the surgical site feels warm and is red.
• Noticeable noises: Metal grinding sounds, popping or clicking from the hip and joint area.
• Infections: Chills, fever, swelling, and soreness.
• Changes in leg length: One leg is shorter than the other.

Serious Health Complications Caused by Defective Implants

Defective hip implants can have serious health complications that need to be addressed as soon as possible. The most common complications are metallosis and metal poisoning, which occur from the release of microscopic metal particles into the body from metal-on-metal implants rubbing together.

Metallosis and metal poisoning can cause inflammation, neurological problems, and thyroid, kidney, and heart damage. Some individuals also experience depressive symptoms and cognitive decline.

Other health complications include:

• Bone fractures in the hip region
• Chronic groin or hip pain
• Rashes
• Fatigue
• Infections
• Bone loss
• Nerve damage
• Hip dislocation

How Much Does a Hip Replacement Lawyer in Nevada Cost?

There are no up-front costs to hire a hip replacement lawyer in Nevada when they work on a contingency fee basis. You only pay after the lawyer wins your case. The amount is a percentage of your settlement, ranging from 33% to 40%, depending on the circumstances and complexity of the lawsuit. 

However, you may be responsible for specific fees, regardless of the outcome, such as expert witness fees and court fees. Your lawyer will review these costs during your free consultation and include them in your written agreement.

Do I Have a Valid Hip Replacement Claim?

You may have a valid hip replacement claim if:

• You are experiencing any signs or symptoms of hip implant failure.
• Your hip implant model has been recalled.
• Your hip implant model is listed among those with pending lawsuits against the manufacturer.
• You suspect medical errors occurred during your surgery.

You could also have a valid claim if you have needed one or more revision surgeries. To determine if you have a legal basis to file an injury claim, and for Las Vegas medical malpractice legal help, schedule a free consultation with a qualified medical malpractice and product liability lawyer. 

What Compensation Can I Recover in a Hip Implant Lawsuit?

You could recover economic and non-economic damages in a hip implant lawsuit. Compensation for misdiagnosis and medical malpractice cases are similar. Economic damages are tangible financial losses, such as:

• Current and future lost wages
• Current and future medical expenses
• Rehabilitation costs
• Revision surgery costs
• Loss of earning capacity

Non-economic damages are intangible losses, without an actual dollar amount, including:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of consortium/companionship
• Reduced quality of life

In rare cases, you may be awarded punitive damages when the defendant’s behavior is considered grossly negligent or when they acted with willful disregard. Punitive damages are meant to punish the defendant and serve as a deterrent to prevent others from behaving in a similar manner.

The Legal Process for Hip Replacement Claims in Las Vegas

The legal process to file a hip replacement claim in Las Vegas begins when you suspect something is wrong with your hip replacement, the surgical process, or you are experiencing the signs and symptoms of hip implant failure.

• Schedule a free case evaluation and consultation with a hip replacement injury lawyer: Our lawyers are experienced with Nevada’s medical malpractice laws and product liability claims and will help determine if you have grounds to initiate a lawsuit.
• Gathering evidence: Your attorney will assist you in gathering the necessary evidence to build a strong case. They may ask you to provide copies of medical records, medical bills, lost wage statements, and other documentation.
• Filing the lawsuit: Your lawyer will complete all necessary paperwork and file it with the appropriate court, including multi-district litigation (MDL) cases. MDL cases are existing cases where you are joining the lawsuit against the manufacturer.
• Demand for payment: We will request payment from the responsible party in an amount comparable to your injuries.
• Discovery phase: Information and documentation are exchanged during discovery. There can also be meetings between both parties and their legal counsel, along with testimony given.
• Settlement negotiations: We will negotiate with the defendant to attempt to reach a reasonable settlement. When the manufacturer has already agreed to a settlement with the court, we will seek prompt payment.
• Litigation and trial: If a suitable settlement cannot be reached, we will aggressively litigate your case in court to reach a favorable verdict. 
• Mediation or arbitration: Most judges will request that both parties attempt mediation or arbitration to reach a settlement before they will start the actual trial.

It is important to remember that the vast majority of hip replacement claims are settled without ever going to trial. Even when cases proceed to trial, a settlement could still be reached through mediation or arbitration, or at any other time before the jury returns its verdict.

Nevada Statute of Limitations for Hip Implant Cases

It is imperative to act quickly, as there is a statute of limitations for filing your claim. If you do not initiate a claim within this time period, you cannot seek damages from the responsible party or parties. In Nevada, the statute of limitations for hip replacement claims and medical malpractice claims varies.

For injuries occurring on or after October 1, 2023:

• Two years from the date you discovered, or should have discovered, your hip implant defect or injury.
• Or three years from the date the healthcare provider caused your injuries.

For injuries occurring before October 1, 2023:

• One year from the date you discovered, or should have discovered, your hip implant deficit or injury.
• Or three years from the date the healthcare provider caused your injuries.

Generally, whichever occurs first will determine the statute of limitations in your hip implant case. 

Why Choose Adam S. Kutner, Injury Attorneys?

Some of the reasons to choose our Las Vegas law firm for help with your hip implant injury claim include:

• Almost four decades of personal injury experience in Nevada.
• Free case evaluations and consultations.
• Takes cases on a contingency basis — no upfront legal fees or expenses.
• Familiar with all current MDL hip implant cases.
• Skilled at handling individual hip implant lawsuits when there is a current MDL case.
• Experienced in product defects and medical malpractice injury cases.
• Comprehensive, personalized support, including a dedicated legal team, open communications, and case and trial preparation.
• Gathers all the necessary evidence to build a strong case.
• Calls on expert witnesses when needed to further strengthen your case.
• Committed to seeking maximum compensation for your injuries.
• Best of Las Vegas Gold Winner for Best Personal Injury Lawyer, Best Accident Lawyer, Best Law Firm, and Best Law Customer Service multiple consecutive years.
• We have recovered hundreds of millions of dollars for our clients.

If your hip replacement has failed or you are experiencing chronic pain or other health issues related to your hip implant surgery, do not delay in getting honest, legal advice about your options. Contact our hip replacement lawyer in Las Vegas today.

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