Posted On: December 12, 2010 by Shawn Cantley

DePuy Hip Recall: How To Get Help?

People who have been injured and suffered loss from one of the hip replacement devices recalled by DePuy Orthopaedics and want to demand compensation from the company can do so in one of two ways. First, you can follow DePuy’s claims process, which could require signing away rights and does not ensure monetary compensation for pain, suffering, and out-of-pocket expenses.

Second, you can hire a hip replacement lawyer and file a lawsuit against DePuy. While this certainly gives you the best chance of being compensated for all of your damages, some victims of the defective DePuy products may be concerned that hiring a lawyer and filing a lawsuit is stressful, time-consuming, or that they can handle it on their own. Although a lawsuit can take a long time to come to a conclusion, the process is actually much simpler than you might think.

If you haven’t already, you need to visit your orthopedist for a complete medical evaluation. Even if you’ve undergone the necessary battery of testing on your hip, you may want to consider seeking a second medical opinion. Be wary of signing any forms provided by your doctor without first consulting with a lawyer, as they may have originated with DePuy.

The doctor’s office is also where you can begin gathering evidence for your case against DePuy. Obtain a copy of all of your medical records and the corresponding insurance or Medicare records, an itemized expense list (for out-of-pocket costs), employment records, and your explanted DePuy hip. You should also begin keeping a journal recounting your injuries and how they affect your day to day affairs, as well as taking photographs (if possible) to substantiate the harm you’ve suffered. Upon contacting an attorney, he or she can advise you on what other evidence, if any, may be helpful for your case.

It is possible for you to file a lawsuit on your own, but hiring an attorney makes the process much easier. Also understand that a lawyer is not obligated to accept your case. If he or she decides to do so, it will be because your case has a good chance of succeeding. This will be determined while discussing your case in greater detail, and any strong evidence you can provide during an initial meeting will likely make a lawyer more interested in your case. If he or she decides to work with you, make sure you understand the billing process before signing an agreement.

How things go after this depends largely on the details of your individual case and what actions your lawyer believes will give you the best chance of recovering a satisfactory amount of compensation. It’s possible that your case will be settled out of court, before or after a lawsuit is filed. In fact, the vast majority of cases settle before trial, meaning you may never have to set foot in a courtroom. On the off chance that you must testify, your lawyer will make sure you are prepared.

It’s never too early to contact a lawyer. Even if you don’t plan on filing a DePuy hip replacement lawsuit, a lawyer is the ideal person to talk to about any questions you may have about about the recalled devices and your injuries. And if your intention is to pursue litigation, a lawyer is your strongest ally in the fight to hold the medical device manufacturer responsible for the harm and financial losses it has caused you. Vanessa Cantley, attorney and partner at Bahe Cook Cantley & Nefzger represents many victims of DePuy's defective products. Contact an experienced DePuy hip recall lawyer directly here.