For those who’ve already been harmed by DePuy’s two recalled hip implants, whether to initiate a lawsuit against DePuy is almost a foregone conclusion. If you’re seriously considering doing so, you probably want to know the steps involved in the process—and just how complicated it really is. Obviously, your hip implant lawyer is going to lay these steps out for you, but you may want to know them beforehand.
First, take care of your health. Get your hip re-evaluated by your orthopedist. Sign nothing that waives your rights or your hip implant to DePuy. Do this especially if you are experiencing pain, swelling, difficulty walking, or joint stiffness. The risk of metallosis—release of cobalt and chromium into your blood and tissues—cannot be understated.
Second, gather as much information as you can to build an effective case against DePuy. The following documentation should be necessary: medical records, insurance or Medicare records, list of expenses, employment records, personal evidence, and your recalled hip implant. Providing your hip implant lawyer with these documents upfront makes his or her job evaluating your case easier. It also helps determine what kind of the following damages you are entitled to: medical costs, travel expenses, pain and suffering, loss of income, and disfigurement or scarring from additional surgery. These are all damages that DePuy does not want to pay you should you choose to use its claims system.
Third, contact a good hip implant lawyer. You should stay away from firms involved in class action lawsuits against DePuy. The company’s defective implants affect people differently, so a class action may result in a smaller recovery than you are entitled to. Meet with the attorney, discuss your case, and if the lawyer is interested, read the firm’s engagement letter carefully before signing it. From here, work with your lawyer. Provide any evidence you’ve gathered, and on your attorney’s advice, consider seeing a separate orthopedist, especially if yours already worked with DePuy in some capacity. Also be aware that your case may involve medical malpractice on your orthopedist’s part, though this is extremely unlikely.
From here, your hip implant lawyer will evaluate your case. He or she may contact DePuy to discuss a settlement instead of filing a lawsuit, which may save you money in the long run. If not, your lawyer will prepare a complaint, which you will read over. Make sure it lists all the damages you are entitled to. Your lawyer will then file the complaint in the appropriate court, and then have a process server serve the complaint on DePuy. Most likely, your case will be consolidated into the ongoing multidistrict litigation against DePuy, and with any luck, it will be settled to your satisfaction before going to trial.
People facing litigation handle its stresses differently. The Rottenstein Law Group recognizes this and offers stellar, conscientious representation for your DePuy hip implant recall case.