North Carolina Product Liability Lawyer Blog

Finding the Attorney to Handle Your Failed Hip Case

Published on: August 14, 2015 | By Clay Hodges

Let’s face it, most attorneys (in fact, most everyone in any profession) sound impressive on their websites. In much the same way as people craft positive, happy versions of themselves on Facebook and Instagram, attorneys usually present a shiny version of themselves on their law firm websites. Often these websites list notable accomplishments. I don’t mean to suggest that these accomplishments are unimpressive or even fabricated. What I am saying is that you must go beyond the scrubbed surface of many websites and investigate further when choosing the right attorney to represent you with your case.

1. Determine what kind of lawyer you need. Just as you wouldn’t consult a cardiologist for a broken leg, you also shouldn’t hire a worker’s compensation lawyer to handle the failure of your artificial hip components. Look for an attorney who actively represents plaintiffs in personal injury cases, and specifically defective hip and other medical device cases. Try to avoid the generalists who appear to handle every possible case under the sun, from drafting your will to litigating your car accident case.

2. Look for an attorney with demonstrated knowledge in your specific case area. Take a good look at the information provided on the attorney’s website. Does the attorney have knowledge about your medical device failures and the related litigation? Has he or she litigated cases involving defective hips or knees or other defective medical devices? Does the attorney provide recent, timely, up-to-date information on the medical device that has caused problems for you? Was the information helpful to you?

Recent Jury Verdicts in Artificial Hip Trials (Part 2)

Published on: August 10, 2015 | By Clay Hodges

The following jury verdicts have been handed down in trials over failed artificial hips in 2015:

Smith v. DePuy Orthopaedics Inc., et al., (Oklahoma District Court, Tulsa County).

Jury Award: $2,500,000.00 for Plaintiff Andrea Smith.

Recent Jury Verdicts In Artificial Hip Trials (Part 1)

Published on: August 6, 2015 | By Clay Hodges

Those who have suffered from a failed artificial hip, have undergone a revision surgery (or even more than one), and now contemplate taking legal action against the manufacturer, often ask what kinds of money judgments plaintiffs have received from juries across the country. I have collected a representative sample of jury verdicts over the last few years against artificial hip manufacturers like Depuy and Zimmer. The good news for injured people is that some plaintiffs have received several million dollars from juries for their injuries. The bad news? Juries found no negligence at all by the manufacturer; in those cases, the injured person received no money at all.

I’ve collected a list of recent cases and their jury verdicts involved. This is not an exhaustive list, and other jury verdicts are out there, but this will give you a sense of what is going on with artificial hip cases jury trials:

Kransky v. DePuy Orthopaedics (Los Angeles Superior Court)

Three Other Things You Should Do If Your Artificial Hip Has Failed

Published on: August 3, 2015 | By Clay Hodges

In a recent post I set out the first four things you should do if you suspect that your artificial hip has failed you. Those were:

1. Start a symptoms/pain journal.

2. Gather evidence.

Four Things You Need To Do If You Believe Your Artificial Hip Has Failed

Published on: July 30, 2015 | By Clay Hodges

Before I get to the four things you should do if you suspect that an artificial hip or other medical device has failed you, I must start by saying that this is one of the worst outcomes a person can endure in health care. Most people approach hip replacement surgery with great caution, as surgery is a painful and difficult and traumatic experience. Further, you have arrived at the decision to undergo surgery on the basis of a challenging and serious medical issue which requires surgery to “fix” the problem. After deciding to move forward with surgery, virtually no one expects that a medical device such as an artificial hip or knee will somehow “fail” inside your body. This result is often worse than the suffering which occurred through the underlying medical condition prompting the original implant surgery. So, at the outset, let me say that I am sorry you find yourself in this very unfortunate position. That said, you need to take action when it becomes apparent that a medical device like an artificial hip has failed:

1. Start a symptoms/pain journal.

This is an important step you can take in protecting your rights in the face of a medical product failure. It is simple enough: when you first begin to notice sensations or pains which seem abnormal or unexpected, jot down the physical symptoms on a piece of paper or a notes app on your smart phone. The more detail the better—if the pain occurs when you sleep, note the time when the pain arrives, whether it woke you from sleep, and any other details. If you feel pain during certain activities, such as lowering yourself into your car or walking on hard surfaces, note those conditions as well. This journal may well provide critically important information for your doctors but also for your attorney as he or she prepares a settlement package or a lawsuit (or both). A person who has been injured by a medical device product failure can recover money “damages” in a category known as pain and suffering. A pain/symptoms/well-being journal can provide extremely valuable information to an attorney putting together the best case for you in the event you have a solid claim against a manufacturer for a failed medical device.

The Depuy ASR Artificial Hip Design Flaw that Resulted in Thousands of Lawsuits

Published on: July 28, 2015 | By Clay Hodges

In the previous post, we looked at the difference between ASR surgery and total hip replacement surgeries. We also discussed the Depuy’s “metal-on-metal” (MoM) design. Now, let’s look more deeply into the failure of the metal-on-metal design.

The design problem with the Depuy ASR Cup.

The defect in the Depuy ASR artificial hip appears to be related to design. Orthopedic experts have stated that the design of the ASR cup, which is shallower than standard cups made by other companies, is one aspect of the Depuy ASR Hip’s problems. Dr. Thomas Schmalzreid, a surgeon who designed the Depuy ASR Hip has stated that Depuy had known since 2008 that the Depuy ASR cup may have design flaws. Dr. Schmalzried has said that Depuy officials realized in the first few years that the Depuy ASR cup might be more of a challenge to implant properly then competing cups. Dr. Schmalzried has stated that “the window for component position that is consistent for good, long-term clinical function is smaller for the [Depuy ASR Hip]” than other cups. That is a highly technical (and bone dry) way of explaining that the ASR cup is harder to implant properly into the hip cavity for long-term successful hip surgeries.

The Depuy ASR Artificial Hip Metal-on-Metal Design

Published on: July 24, 2015 | By Clay Hodges

In the previous post we looked at artificial hips and what should happen before a new medical device product like the Depuy ASR Hip gets to the marketplace. Now, let’s look a little deeper into the Depuy ASR hip system, its metal-on-metal cup and ball design, and how it failed:

What is “ASR” anyway?

“ASR” stands for “Articular Surface Replacement.” ASR is a surgical procedure that is an alternative to a total hip replacement procedure. In an ASR procedure, only the articular surface of the hip (the cup and the ball) is replaced. On the other hand, a total hip replacement includes not only the cup and the ball, but also a large piece of metal (known as a femoral stem) that is implanted deep into the patient’s femur and on which the ball is attached.

How Did the Problems Begin with the Depuy ASR Artificial Hip? (A Little History)

Published on: July 21, 2015 | By Clay Hodges

First, a little history is in order to see how a medical device like a Depuy ASR artificial hip gets to the market (and ultimately, into your body).

What is a total hip replacement?

A “total hip replacement” replaces the body’s hip joint with an artificial one, and these artificial hips are usually made out of metal or plastics. A total hip replacement typically consists of four separate parts: (1) a stem, (2) a head, (3) a liner, and (4) a cup (called an “acetabular cup” or shell). After the surgeon hollows out the patient’s femur bone, the stem is implanted. The head is a metal ball that is fixed on top of the stem. The femoral head forms the hip joint when it is placed inside the liner and the cup (the “acetabular shell”).

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★★★★★

I was involved in a case for the faulty hip replacements. Clay Hodges represented me. I can't say enough about how much he has helped me. Clay was able to win multiple settlements on my behalf with most of them being the maximum amount able to be awarded. Matt J.

Clay, thank you sir for making a disheartening experience at least palatable, you and your staff were honest, caring and understanding through the entire process of my wife’s hip replacements, while monetary settlements never make the pain and suffering end, it sometimes is the only way people can fight back to right a wrong. J. V.

We are absolutely pleased with how Clay Hodges handled my husband’s hip replacement claim. He always kept us informed of the progress. And, his work resulted in a settlement which we are extremely pleased. Thank you, Clay! Carol L. & Norm L.