Hip Implant Litigation

McDonald, Levy & Taylor is currently handling several hip implant cases involving metal-on-metal hips.  Certain hip implant systems such as the DePuy ASR XL have been recalled by the FDA.  Numerous suits have also been filed alleging that the Wright Conserve Total Resurfacing Hip System is likewise defective.  According to published reports, both hip systems have a failure rate that is much higher than normal.  Additionally, the Zimmer Trabecular Metal Modular Actetabular system was recalled on September 27, 2011 as a result of problems with certain hips of this type. The failure of the hips often leads to the release of cobalt and chromium causing metallosis.  The hip systems have a “ball and socket” that is manufactured with metals such as cobalt and chromium.   As these parts rub against the adjoining tissue, they often cause pain and inflammation.

Wright Conserve Hip System Picture

Often, it is necessary for the patient to undergo surgery to remove the defective hip.  When surgery is performed, our clients have reported that their surgeons often find severely damaged tissue in the area of the defective implants,  as well as an accumulation of fluids and toxins.

 

The area of law that deals with defective products that cause injury to person or property is referred to as products liability. It is the goal of McDonald, Levy & Taylor to hold manufacturers and distributors responsible for selling defective products. By doing so, not only are our clients compensated for their losses, but manufacturers are encouraged to make safer products.

 

If you believe that you have a products liability case due to a defective hip, you should consult with an experienced products liability attorney to protect your rights.

 

McDonald, Levy & Taylor’s Experience

Not only is McDonald, Levy & Taylor an experienced firm in personal injury,  Mr. Levy  has received local and national recognition for his successful tactics in personal injury cases. He has successfully pursued numerous cases for clients with serious injury, including a products liability case in which he obtained a verdict of $2,825,000.00 for his clients. Then in another products liability case dealing with a defective airless spray gun, Mr. Levy’s deposition of the treating plastic surgery was the subject of an instructive article for attorneys nationwide and was described as a beautiful example of a deposition. The analysis was published by Matthew Bender in the February, 1984 issue of Trauma authored by Marshall Houts, J.D. and is entitled: “Presenting The Medical Evidence: Converting The Deposition Into A Trial Brief Of The Facts.” Due to these and many other accomplishments, Mr. Levy  has  been selected as a Fellow in the Litigation Counsel of America which is a highly selective honorary society.  As well as a Top 100 Trial Lawyer in Tennessee in 2010 and 2011 by the National Trial Lawyers Association and as a Fellow of the Knoxville Bar Foundation.

 

 

When do I need to contact an attorney? 

In Product Liability cases, timely filing of a claim is critically important.  It is much easier and effective to investigate a case shortly after the determination that you have a defective hip, since the product can be saved and examined by   an independent expert. Many types of forensic analysis may not be as accurate after a time delay. Tennessee also has strict timelines on product liability cases. The best option is to contact an experienced product liability attorney as soon as you discover that you have a defective hip.

 

What are my attorneys fees? 

Attorney fees in product liability cases are normally based on a percentage of the amount recovered for you. Therefore, if we do not receive a recovery for you – we do not receive a fee. You may be responsible for costs that we advance to prepare your case. The contingency fee arrangement will be discussed with you at the first meeting and you will be provided with a written contract that sets forth all the terms clearly. Again, if we do not obtain a recovery for you – we do not receive a fee.

 

 

 

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