Can I Sue If My Knee or Hip Replacement Device is Recalled?

July 20, 2022 | Attorney, Matthew Dolman
Can I Sue If My Knee or Hip Replacement Device is Recalled? Hundreds of thousands of people undergo knee or hip replacement surgeries each year, but when the implants used to replace damaged joints are defective, they can cause significant pain and injury to patients who receive these defective products. Medical device companies like Stryker, Aesculap, Omnilife, and Smith & Nephew have all faced product liability lawsuits alleging they were negligent in the design and labeling of their joint replacement products. 

The Product Liability Attorneys of Dolman Law Group Are Ready to Help

Dolman Law Group has led the charge against these negligent manufacturers on behalf of clients who have caused many consumers hefty medical bills, lost wages, and promotions, and suffered additional pain or emotional distress as a result of their defective knee or hip replacement implants.  Our product liability lawyers are the best in the personal injury business. We won't give up until there is a fair settlement offer on the table, even if that means we have to take your defective knee or hip replacement device lawsuit to trial. We invite you to reach out to our team to begin the process of recovering the damages you are entitled to in a product liability lawsuit by scheduling a free consultation.

Understanding the Requirements for Product Liability Lawsuits

Product liability lawsuits concerning dangerous and defective knee or hip replacement devices are a type of personal injury claim. For a personal injury claim to be considered eligible for monetary compensation, certain standards must be met. First, the plaintiff's defective medical device lawyers must convince the fact finder that the maker of the product owed patients what is known as a duty of care. This references an obligation held by one party to act towards another with a certain level of care and caution.  In the defective hip replacement lawsuits against manufacturers like Stryker, Smith & Nephew, and Omnilife, numerous plaintiffs have claimed that the use of defective metal-on-metal devices has made these devices prone to loosening, failing, or releasing toxic substances into the body. Knee implant device manufacturers like Exactech and Aesculap are facing similar allegations of negligence based on claims that the ceramic coating of their implants prevents proper attachment to existing bone, causing the devices to loosen and fail.

Negligent Knee and Hip Replacement Device Manufacturers Can be Found Liable for Damages

These injuries and issues have led to accusations that these medical device manufacturers breached their duty of care by failing to submit their products to rigorous testing before being made available to the general public, using unsafe materials, and failing to warn patients of the potential risks associated with their products. In a product liability lawsuit, a manufacturer like Stryker can be considered negligent for failing to exercise the appropriate caution when designing or manufacturing a product, or failing to warn of its risks.  Additionally, the negligent knee or hip replacement device manufacturer's breach of duty must be directly responsible for the injuries or pain you have sustained. Your product liability lawyer must also be able to show that your injuries have resulted in damages. Connecting the links in the chain of causation requires the meticulous, experienced hand of a capable product liability attorney.

When Can I Sue a Negligent Knee or Hip Replacement Manufacturer for Damages?

If you have received a knee or hip implant replacement surgery without having any issues, you may have questions after seeing the headlines advertising large settlements for defective orthopedic implants or massive recall efforts. You may be eligible to recover damages in a defective knee or hip replacement lawsuit under several conditions, including if:
  • your specific device has not received a recall yet, but you have been injured as a result of its failure 
  • you have a recalled device that is known to be faulty or cause injury
  • you are experiencing pain without a specific injury
  • You have been injured or become ill as a result of a defective knee or hip implant
You are not likely to have a legitimate defective knee implant claim if:
  • You have not been injured or experienced a loss of function or pain from a knee or hip device that has not been deemed defective or recalled
  • Your knee or hip injury is unrelated to your orthopedic implant
The best way to see if you have a viable claim for damages is to get in contact with a reputable knee or hip replacement device attorney who has a demonstrated record of success handling these types of product liability claims. They will be able to evaluate your situation and determine if you would have a viable product liability lawsuit against a knee implant or hip device manufacturer like Smith & Nephew.

What Damages Can I Recover in a Faulty Knee or Hip Replacement Device Lawsuit?

In a product liability lawsuit, there are a few different types of damages that may be awarded. Most people tend to think of economic damages first. Economic damages have a set monetary value. In a knee or hip replacement device lawsuit, this might look like the cost of a cane or installing a shower bar for safety. However, many recipients of faulty implants also experience other types of losses which may be recognized in a settlement. Non-economic losses are judged more subjectively and typically reference emotional or intangible losses. For example, perhaps a revision surgery for a deteriorating hip implant required an extended hospital stay that caused you to miss a family reunion or a critical presentation at work. These invisible costs can also be compensated, but it is best to have an experienced product liability lawyer on hand to make sure that the value of your damages has been correctly evaluated.

Examples of Damages in a Defective Knee or Hip Replacement Device Lawsuit:

Why Should I Hire a Hip or Knee Replacement Device Lawyer?

The multitude of product liability claims brought against hip and knee implant manufacturers have mostly been consolidated into multi-district litigation class-action lawsuits. If you have been impacted by a defective knee or hip implant device, now more than ever, it is important to make sure you have your own product liability lawyer looking out for the specific and unique needs of you and your family. If you chose to pursue damages in a product liability lawsuit on your own, there's a much greater chance that you will walk away with less than your claim is worth. By hiring a hip or knee orthopedic device attorney, you will receive the benefits of their expertise and resources. Remember, this is their full-time job, so they are going to be familiar with things like what tactics defendants use to evade liability, the types of evidence necessary to demonstrate damages, and the jargon used in legal paperwork. Beyond benefiting from the help of a professional, letting your product liability attorney handle negotiations for your knee or hip orthopedic device lawsuit means that you can focus on your recovery. Keep in mind that personal injury lawsuits come with a statute of limitations, which limits the window where you are eligible to seek compensation for your losses. A skilled personal injury attorney can relieve that stress by managing critical deadlines and completing their work in a timely manner.

Why Should I Choose Dolman Law Group to Represent Me in a Defective Knee or Hip Implant Lawsuit?

With over a decade of experience negotiating complex settlement agreements, the lawyers of Dolman Law Group are a formidable team when it comes to recovering damages for our clients. Our product liability lawyers have received national recognition for their legal services, making Dolman Law Group one of the most highly sought-after law firms across the state of Florida. We owe our success in large part to word-of-mouth advertising from our former and current clients. Our clients describe our team as diligent, hard-working advocates who strive to provide the highest quality service possible, and we try to live up to that praise every day. The knee and hip orthopedic device lawyers of Dolman Law Group will conduct their own investigation into the defective product, draft statements and a demand letter, manage communication with the plaintiff or bill collectors, and craft an effective negotiating strategy in order to recover the maximum compensation possible. 

Dolman Law Group Provides Impressive Results

Our results-driven approach to negotiation has yielded millions of dollars in damages for our clients in a wide variety of personal injury lawsuits. As your product liability attorney, it will be our goal to secure maximum compensation in a defective knee or hip replacement lawsuit.  The knee and hip orthopedic device lawyers of Dolman Law Group are well aware that trust is critical to the success of negotiating a fair settlement. That's why we are committed to clear communication and keeping our clients involved in the decision-making process. You won't be pressured to accept a settlement that is less than what you deserve just so we can say we settled another claim.  To the product liability attorneys of Dolman Law Group, you are a priority, not an opportunity for profit. We don't receive a dollar of our contingency fee until after we have successfully settled your product liability lawsuit, so you can rest assured that you will have access to the help you need while you focus on recovering.

Contact Dolman Law Group For Help With Your Knee or Hip Replacement Device Lawsuit

At Dolman Law Group, we pride ourselves on our tireless work ethic that has earned us a reputation as a team willing to go above and beyond for our clients. Dolman Law Group is an award-winning law firm with knee and hip replacement device lawyers who know how important a fair settlement is to pay back medical debt, offset lost wages, and compensate for pain In some cases, negligent manufacturing companies will try to minimize the impact on their profits by offering lowball settlements in negotiations. The product liability lawyers of Dolman Law Group won't let that stand; instead, we'll escalate your knee or hip device claim to trial to recover a fair settlement for the losses you have suffered. When your health and financial future are on the line, you need a product liability attorney you can trust to get the job done. You can contact our office by phone at (727) 451-6900 or reach out at any time through our website. Our knee and hip replacement lawyers are ready to help you recover your losses in a product liability lawsuit while you focus on healing.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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