Since 2003, TriMark Legal Funding has provided a financial lifeline to plaintiffs involved in all sorts of serious personal injury lawsuits. Hip lawsuit funding is designed to help people nationwide who are suffering from defective or recalled metal-on-metal hip implants. Pre settlement and post settlement funding can provide the money you need to keep your finances in order until your case settles.
If you’re part of a pending multidistrict litigation (MDL) involving one of these defective metal hips, it can take long before you receive compensation for your injuries. MDLs are complex by nature. Manufacturers prefer settlement over court trials. But even then, settlement negotiations can take years to finalize. Hip lawsuit funding becomes the saving grace for many financially struggling plaintiffs.
You have already lost enough time. You probably lost about six months recovering from your initial hip replacement surgery. That is a significant amount of time to be on the mend.
Then you probably lost another six months recovering from your hip revision surgery. And that’s if you only had one hip revision surgery. Life, and your finances, aren’t going to wait for the result of your product liability lawsuit.
Hip lawsuit funding may be what you need to deal with the dire consequences of the implant failure – from revision surgery and symptom management to loss of earning capacity – and daily demands of living.
So, what is hip lawsuit funding, and how exactly can it help?
Hip Replacement Lawsuit Loans
You can claim compensation for injury or harm sustained due to a faulty medical device. This is the route to take if you have suffered complications from your initial hip replacement.
Such failure requires revision surgery, which in turn leads to additional costs, loss of wages, loss of earning capacity, and loss of quality of life. You deserve compensation for your pain and suffering.
But let’s be real. The process of filing a claim, negotiating a settlement, and cashing in your check involves a vicious cycle of waiting. If you take your case to court instead, expect your timeline to be extended.
To see you through the multi-year legal battle, let TriMark help. We offer hip lawsuit funding to those who need to fund their surgery and other treatment costs, credit card bills, car loan, mortgage, and daily expenses.
This non-recourse, low-rate cash advance is fast, affordable, and risk-free. While hip lawsuit funding is not a loan per se, it allows you to borrow against your future settlement money. It’s totally safe because you can keep the advance in case you don’t get the promised amount or lose in court.
Hip lawsuit funding rates are capped 2x to ensure you can still live comfortably after paying back the advance.
Best of all, you won’t undergo credit, income, and employment checks.
Your hip lawsuit funding application will be approved based on the merits of your case. Once approved, you can get your funds as quickly as an hour later or tomorrow.
Biomet Hip Recall
Have you been harmed by M2a Magnum?
Biomet, a large manufacturer of medical devices based in Indiana, owns this line of metal-on-metal (MoM) hip implant products. Over the years, patients have complained about the devices being defective. But no recall has ever been issued.
At least 2,800 cases have been filed and consolidated in an MDL over the hip replacement product line. Plaintiffs have demanded compensation for their losses and injuries, such as dislocation, fractures, and metallosis, a form of metal poisoning.
Amid the legal tussle, orthopaedics firm Zimmer bought Biomet for $13.35 billion in 2014. The merger boosted its market share, moving it to second place, following DePuy and ahead of Stryker.
In 2014, Biomet agreed to settle hundreds of suits in federal and state courts for $56 million. The base award for each plaintiff was $200,000. According to Drugwatch, the settlement amount was reduced or capped based on certain conditions:
- $10,000 if implant revision was performed within >5 to <8 years of initial implantation
- $37,500 if implant revision was performed within >8 to <10 years of initial implantation
- $10,000 if the initial hip replacement occurred after August 1, 2010, but before July 1, 2011
- $37,500 if the initial hip replacement occurred after July 1, 2011, but before January 27, 2012
Caps Below the Base Amount
- $20,000 for cases with revision surgery more than 10 years after initial implantation
- $20,000 for cases with hip replacement system implanted after January 27, 2012
- $20,000 for cases barred by the statute of limitations
- $20,000 for claimants who received hip replacements other than the M2a 38 and the M2a Magnum, such as M2a Taper, RingLoc, or ReCap
- $20,000 for claimants who initially received any type of hip replacement through a revision procedure or who had implant revision within six months of initial implantation
- $20,000 for deceased plaintiffs who received a Biomet MoM hip and underwent revision but died due to causes outside the alleged complications
Biomet said it would fund the settlement – $50 million to an escrow account and $5 million to an attorney fee fund – if 90% of qualifying cases agreed to settle. Only those who submitted their information to the court by June 13, 2014, were entitled to the settlement.
Some decided to pursue litigation. In 2015, Zimmer Biomet put the value of the remaining cases at $33.4 million. Meanwhile, there were 190 pending cases in the MDL as of July 2019.
If you’ve experienced complications due to an M2a Magnum implant, hip lawsuit funding can help you fund litigation and pay the bills until you receive a settlement.
DePuy Hip Recall
DePuy, a subsidiary of Johnson & Johnson, has been dealing with a barrage of MoM hip lawsuits since 2010. Plaintiffs have blamed the faulty design of ASR and Pinnacle, saying it caused serious complications that often required a follow-up operation.
A series of settlement and trials have taken place, and there’s more to come.
ASR Hip Lawsuits
Tens of thousands of patients received ASR hip replacements worldwide. In 2010, the first case was filed over the device. After blowing up, thousands of claims were consolidated and transferred to the Northern District of Ohio.
While DePuy cited declining sales for phasing out ASR, plaintiffs alleged that the metal hip had a safety problem. Worse, the manufacturer had known about the flaw for years yet failed to warn patients and doctors.
Some of the issues brought about by the defective device were tissue damage and metal poisoning.
Trials & Verdict
Documents presented in a trial showed that DePuy had known that two in five patients would need revision surgery within five years of implanting the ASR hip.
In March 2013, the manufacturer had its first jury trial and lost to the plaintiff, Loren Kransky, who was awarded $8.3 million.
In April 2013, the second trial commenced, and DePuy won.
After figuring in two court trials, DePuy started settling three pending lawsuits for $200,000.
In November 2013, DePuy settled 8,000 ASR claims for $4 billion.
Two years later, in March 2015, it settled 1,800 cases more for an additional $420 million.
Pinnacle Hip Lawsuits
Around 9,700 pending hip replacement lawsuits are related to Pinnacle Hip Solutions. They are part of an MDL in Texas federal court that began in May 2011.
DePuy discontinued Pinnacle’s metal-on-metal design in 2013 and has since replaced it with ceramic-on-polyethylene and metal-on-polyethylene. But those who were implanted with the MoM cups complained about the complications, such as severe pain and swelling, metallosis, and osteolysis, or the loss of bone around the implant.
Trials & Verdict
DePuy lost in three trials following its win in the first bellwether trial in September 2014.
Between March 2016 and November 2017, juries in the three trials awarded plaintiffs more than $1.7 billion in actual and punitive damages. In all instances, jury awards were reduced by the court.
- Second trial – From $502 million to $151 million; a judge later tossed out the amount in an appeal; plaintiffs are still awaiting retrial
- Third trial – From $1.04 billion to $543 million, shared by six plaintiffs
- Fourth trial – From $247 million to $245 million, shared by five plaintiffs
In a report in December 2018, Bloomberg said DePuy was willing to settle 3,300 Pinnacle lawsuits, comprising almost a third, for $400 million. That would put the base amount to $125,000 per lawsuit.
Several months after, in May 2019, Bloomberg ran an article announcing that DePuy’s parent company, Johnson & Johnson, settled 95% of 6,000 cases for about $1 billion. That left the firm with around 4,000 cases to settle.
Prior to this move, it was mentioned that DePuy’s strategy involved cutting individual deals. For instance, its lawyers attempted to reach out to 17 plaintiffs who won in three bellwether trials.
If a DePuy hip replacement device has caused you problems, you may qualify for hip lawsuit funding to help you file a lawsuit.
Stryker Hip Recall
In orthopaedics technology, Michigan-based Stryker Corporation goes toe-to-toe with DePuy and Biomet. But it also has its fair share of hip replacement recalls and lawsuits.
The Fortune 500 firm currently has cases involving several of its products and brands, including LFIT V40 Femoral Head, Rejuvenate, ABG II, and Trident Titanium Acetabular Shell.
Tritanium Acetabular Shell is the latest to exhibit failure, forcing patients to undergo a follow-up operation to correct the damage. That’s added expense to individuals who believed in the promise of these ceramic cups in initial fixation and bone ingrowth enhancement.
Back in November 2018, the manufacturer announced that it would settle mass litigation cases in Minnesota federal court over LFIT V40 Femoral Head for a confidential amount. As of August 2019, 689 lawsuits remained active. This product was recalled in 2016.
Meanwhile, in July 2012, Stryker recalled the ABG II Modular Hip System and the Rejuvenate Modular Hip System, which posed a danger to the tissue around the hip. Some 4,000 cases were brought together in New Jersey Multicounty and Federal Multidistrict litigations.
More than two years after, it announced that it would pay out $1 billion to patients with ABG and Rejuvenate hip replacement lawsuits. Each plaintiff would receive $300,000 as a base payment. However, the final settlement amount reached $2 billion, according to DrugWatch.
If you’ve experienced medical complications due to receiving a Stryker hip implant device, you may qualify for hip lawsuit funding to help you file a lawsuit and pursue settlement.
Zimmer Hip Recall
Zimmer, now known as Zimmer Biomet, is a publicly traded medical device firm founded in 1927.
Its first taste of hip replacement lawsuit came through the Durom Acetabular Component, which became more popularly known as the Durom Cup. It was 2006, the product had just been released, and patients were already reporting about its failure. It took the company around two more years before issuing a temporary recall of the device.
At least 700 lawsuits over the Durom Cup were consolidated in a federal MDL in New Jersey. In March 2016, the company offered to settle most of the lawsuits for $314 million. Majority of the plaintiffs did not accept the offer during that time.
Yet, as of July 2019, only 51 lawsuits over the Durom Cup were pending.
More recent lawsuits have involved various M/L Taper Hip Prosthesis versions implanted with Zimmer’s Versys Femoral Head. The first 21 lawsuits were combined in an MDL in a New York federal court in October 2018. There were 113 pending lawsuits in the mass litigation by July 2019.
Plaintiffs alleged that the M/L Taper devices, including hip implants, caused their injuries and other complications.
Metallosis was brought up, the condition probably resulted from the release of metal materials in the M/L Taper Hip and M/L Taper Hip with Kinectiv Technology. Zimmer uses the M/L devices. Meanwhile, the Versys Femoral Head is made from a cobalt-chromium alloy.
If you received a Zimmer hip replacement device and it’s led to other medical issues, you may qualify for hip lawsuit funding from TriMark Legal Funding.
Wright Hip Recall
Founded in the 1950s, Wright Medical is one of the leading manufacturers of medical devices in the country. It no longer creates hip implants. In 2013, it sold its hip and knee manufacturing division to MicroPort Medical for $290 million.
However, it remained legally responsible for the roughly 2,000 lawsuits that continued to grow after the sales. Almost a third of the lawsuits were combined in a multi-district litigation in a federal court in Georgia, while the rest were in state courts.
Conserve and Profemur had the highest number of lawsuits. MDL plaintiffs were those whose claims involved the Conserve hips and Profemur System components associated with some Conserve parts.
Individual lawsuits, however, were related to the following Wright hip devices::
- Conserve Total Hip Implant System
- Conserve Total A-Class Advanced Metal Hip Implant System
- Conserve Resurfacing System
- Profemur System
- Dynasty Hip Implants
- Lineage Hip Implants
Wright lost its first federal bellwether trial, with the plaintiff, Robyn Christiansen, getting awarded $11 million in November 2015.
A year after, the company settled more than 1,200 lawsuits for $240 million. In October 2017, it agreed to settle all remaining cases over its hip implants for $90 million.
The 2017 settlement accommodated MDL plaintiffs who had not been included in the first settlement, including those who filed a lawsuit or missed the deadline for doing so following the November 2016 agreement. It also catered to the pending cases in a Judicial Council Coordination Proceeding in California state court.
Since October 18, 2017, no one was allowed to file a lawsuit into the MDL. The MDL was closed in June 2018.
As of July 2019, Wright had 73 pending lawsuits and was expected to make its final settlement payment in September 2019.
If you received a hip replacement implant from Wright Medical that has caused you problems, you may qualify for hip lawsuit funding.
About Hip Replacement Surgery
The body’s regular wear-and-tear can damage or deform your hip joint. Conditions like osteoarthritis, osteonecrosis, and rheumatoid arthritis can also contribute to your pain. When this interferes with your daily life, you may take medications. If nonsurgical solutions can fix your situation, your orthopedist may recommend hip replacement surgery.
Hip replacement involves the removal of damaged parts of your ball-and-socket joint and replacing them with a prosthesis. This medical device is produced as a hip system or parts. Artificial femoral heads last longer if they’re made of metal or ceramic. The acetabular socket is usually constructed with cross-linked polyethylene or ceramic.
According to the Mayo Clinic, you might consider getting hip replacement surgery if your hip pain is characterized as follows:
- Becoming worse when you walk, even with a cane or walker
- Cause of discomfort or difficulty when rising from a seated position, taking the stairs, or getting dressed
- Persistent, even when you’re taking pain medication
Hip Replacement Lawsuits and Litigation
Metal-on-metal hip implants are considered more durable than their ceramic counterparts. Both the artificial ball and cup used to replace damaged parts have a metal design. In some cases, the MoM device fails prematurely in patients. This could lead to numerous serious health complications.
Recalls of artificial hips are uncommon, but they’ve been linked to thousands of medical device lawsuits in the United States. Large manufacturers are usually at the center of these claims. Market leader DePuy has had more or less 10,000 individual cases.
Plaintiffs have sought compensation mostly on the grounds that the metal implants are defective, wearing out only after a few years. Friction between the metal parts can also cause metal debris to be released into the body, leading to swelling, severe pain, and in some cases, blood poisoning. These complications may require patients to undergo revision surgery.
In light of the flawed design, some manufacturers allegedly knew about the problem but kept marketing their product. They failed to warn patients and doctors about the dangers associated with their metal hips.
Multi-District Litigation (MDL)
Tens of thousands of hip replacement lawsuits have been filed against manufacturers, including DePuy, Zimmer Biomet, Stryker, and Wright. These individual lawsuits are mostly consolidated into a multi-district litigation, a process in which one federal court hears cases that share common issues of fact.
This should not be mistaken as a class-action lawsuit. A class action involves several individuals with the same type of injury joining together to file a single lawsuit.
Cases that are not part of MDL are heard in state courts.
Culpability in a hip replacement lawsuit typically falls on the manufacturer. But in some cases, the surgeon who operated on you may have breached the standard of care. They may be liable for medical malpractice under the following circumstances:
- Committed an error during the procedure
- Misdiagnosed a patient
- Neglected to inform the patient about the risks involved in the procedure
Problematic Hip Implants & Devices Complications
In having hip replacement surgery, you must also be aware of the risks involved:
- Blood clots
- Death (rarely)
- Difference in leg length
- Hematoma formation
- Heterotopic ossification
- Nerve damage
- Pulmonary embolism
- Second hip replacement
Some complications, on the other hand, may happen due to inherent flaws in the design of the device. These flaws can be improved before the manufacturer launches the metal hip on the market.
One complication that is particular to metal-on-metal hips and other implanted devices is metallosis. This condition involves the release of toxic metals in the blood at high levels. It can occur when the metallic components of the metal implant rub against each other, producing metal debris that may then go into the body, including the bloodstream.
Some of the symptoms of metallosis are:
- Blood poisoning
- Bone loss
- Cobalt poisoning
- Cognitive changes
- Increased hip and groin pain
- Osteolysis (inflammation that may lead to the loss or death of bone tissue)
In the case of defective devices involved in lawsuits, it might have been too late for the company to stop the catastrophic effects of its product.
However, as the claims also allege, stopping the release or recalling the problematic hip implants could have been the logical step after the makers learned about the issues through their own tests. That is, if they conducted tests in the first place.
If you’ve experienced any symptoms that indicate there’s a problem with the hip replacement device you received, you may qualify for hip lawsuit funding from TriMark Legal Funding.
FDA Recalls, Warnings, and Reports
Medical interventions are now the third-leading cause of death in the United States, and devices play an increasing role in that statistic.
– The New York Times, January 2018
Devices may have catastrophic consequences in patients’ lives. Complications can lead to disability and even death. However, some metal hip manufacturers insist on not recalling their widely reported faulty products.
Check out the information below to keep abreast of the latest status of implant products.
Major Manufacturers with Recalls of Medical Device
- Stryker – 231
- DePuy – 150
- Zimmer – 104
- Smith & Nephew – 40
- Wright – 28
- Biomet – 25
- Exactech – N/A
Total of recalls from 2002 to 2013: 578
Major Hip Replacement Implant Recalls:
- DePuy ASR Acetabular & Resurfacing System
- Stryker Rejuvenate and ABG II Hip Recall
- Smith & Nephew R3 Acetabular, Modular SMF, Modular Redapt Femoral Hip Systems
- Wright Conserve Plus and Profemur Z Hip Stem
- Zimmer Durom Acetabular Component
From 1993 to 2003, most recalls were by device makers. The Food and Drug Administration recalled only three products during this period.
Apply For Hip Replacement Lawsuit Funding Now
Going against the big guns?
If you have a pending suit related to hip replacement with one of the big companies mentioned here, hip lawsuit funding can help.
We know it’s not been easy bargaining with a defendant with deep pockets and an army of lawyers at their command.
Our hip lawsuit funding is a simple yet powerful tool to keep your head above water while you wait for your case to settle.
All it takes is one form or one phone call, and we’ll be processing and reviewing your application without delay. Click here or dial this number now: (877) 932-2628.
So why wait?