You underwent hip replacement surgery seeking relief and a return to an active life. You trusted the medical device a surgeon implanted in your body was safe and effective.
Instead, the device meant to restore your mobility has caused more pain, instability, and the devastating prospect of another major surgery. When a medical implant fails, you need a Kentucky hip replacement lawyer who knows how to hold powerful manufacturers accountable.
This is not a situation you created. A defective hip implant is a product of corporate fault. At Gray & White Law, our nationally recognized trial lawyers have a history of taking on large corporations and fighting for the justice and financial recovery our clients need.
We are ready to take on the toughest cases, and yours is no exception.
Kentucky Hip Replacement Guide
- Key Takeaways Regarding Defective Hip Replacements
- Why Choose Gray & White Law for Your Defective Hip Implant Case?
- Pursuing Compensation for a Failed Hip Replacement
- The Problem with Defective Hip Implants in Kentucky
- Common Signs and Complications of a Failing Hip Implant
- Identifying Liable Parties in a Hip Replacement Lawsuit
- The Risk of Using AI for Medical Device Law Advice
- FAQ for a Kentucky Hip Replacement Lawyer
- A New Foundation for Your Future
Key Takeaways Regarding Defective Hip Replacements
- Kentucky law considers a failed hip implant a defective product, which gives you the right to seek compensation from the manufacturer for your injuries.
- Your symptoms, such as worsening pain or difficulty walking, are key indicators of device failure. Documenting these symptoms and your medical visits provides valuable evidence for your claim.
- Kentucky has a strict time limit, known as the statute of limitations, for filing a product liability claim. Contacting an attorney promptly protects your right to pursue a case.
- Revision surgery is often more complex and costly than the initial procedure. A successful legal claim accounts for all current and future medical expenses related to the failed implant.
Why Choose Gray & White Law for Your Defective Hip Implant Case?
Going up against a multi-billion-dollar medical device company requires a legal team with immense strength, resources, and a proven history of success. These corporations employ teams of lawyers to protect their profits.
You deserve a team of trial lawyers who are equally, if not more, determined to protect you.
Nationally recognized trial lawyers
The attorneys at Gray & White Law are known throughout the country as formidable litigators. Mark Gray and Matt White have earned distinctions like Super Lawyers, Lawdragon 500, and membership in the National Trial Lawyers Top 100.
This is not about awards; it is about a demonstrated ability to perform at the highest level of law, taking on complex cases and winning.
A history of taking on corporate giants
We built our reputation on handling the cases other firms might turn away. Our record includes multi-million dollar recoveries against large corporations and insurance companies.
We are not intimidated by opponents with deep pockets. We prepare every case as if it is going to trial, a strategy that shows these companies we are serious and often leads to significant settlements for our clients.
Personalized guidance through a difficult time
We know you are dealing with physical pain and emotional frustration. Our team provides the compassionate, one-on-one support you need. We take the time to listen to your story, explain your options in plain language, and keep you informed at every stage. We manage the legal fight so you can focus on your health and your family.
We offer a free, no-obligation consultation, available 24/7, and we work on a contingency fee basis. You will not pay any legal fees unless we successfully recover compensation for you.
Pursuing Compensation for a Failed Hip Replacement
The failure of a hip implant creates significant financial and personal hardships. A product liability lawsuit aims to secure compensation that covers the full range of your losses. Our attorneys meticulously build a case to demonstrate the total impact the defective device has had on your life.
We fight to recover damages that address every aspect of your suffering. These damages fall into two main categories. This compensation aims to address your total financial and personal losses.
- Economic damages: These are the tangible, calculable financial costs associated with the device failure. They include the full cost of revision surgery, hospital stays, physical therapy, prescription medications, lost wages from being unable to work, and any projected loss of future earning ability.
- Non-economic damages: These damages address the immense personal suffering that has no price tag. This includes compensation for your physical pain, emotional distress, loss of mobility, scarring, and the diminished quality of life resulting from the failed implant and subsequent procedures.
Several factors help determine the final value of a claim involving a defective hip device. The specific model of the implant and the reasons for its failure play a large role. We also evaluate the severity of your medical complications and the prognosis for your recovery after a revision surgery.
Our legal team thoroughly assesses each of these components to build a comprehensive claim.
- The specific type and manufacturer of the hip implant.
- The severity of your complications, such as metallosis or bone damage.
- The necessity and complexity of revision surgery.
- The total amount of your past and future medical bills.
- The extent of your lost income and impact on your career.
By working with medical and financial professionals, we develop a clear picture of your total losses. This detailed approach is necessary when confronting the legal teams of large medical device manufacturers.
The Problem with Defective Hip Implants in Kentucky
For years, surgeons have implanted hip devices in thousands of patients across Kentucky that were defectively designed or manufactured. Many of these issues stem from metal-on-metal (MoM) designs, which can shed toxic metal particles into the bloodstream, or from components that prematurely wear out, break, or fail to bond with the bone.
Manufacturer responsibility and FDA oversight
Medical device manufacturers have a legal duty to ensure their products are safe for their intended use. This includes conducting rigorous testing before bringing a device to market.
The U.S. Food and Drug Administration (FDA) oversees medical devices, and patients and doctors can report problems directly to the agency through its MedWatch program. You can report an adverse event here. A high number of reports about a specific device can trigger investigations or recalls.
Kentucky’s Statute of Limitations for Product Liability
Kentucky law sets a deadline for filing a product liability lawsuit. According to Kentucky Revised Statutes § 413.140(1)(a), you generally must file your claim within one year of when you discovered your injury.
This "discovery rule" applies in hip implant cases, as the injury may not be apparent until long after the initial surgery. Waiting too long to speak with an attorney might extinguish your right to seek compensation.
Common Signs and Complications of a Failing Hip Implant
Recognizing the symptoms of a failing hip implant is the first step toward getting the medical and legal help you need. If you experience any of the following issues after a hip replacement, see your doctor immediately and consider consulting with a lawyer.
Worsening pain and discomfort
While some discomfort is normal after surgery, your pain should improve, not worsen. Persistent or increasing pain in the hip, groin, or thigh, especially when walking or bearing weight, is a major red flag.
Loosening, instability, and dislocation
A successful implant should feel stable. If you feel a popping, clicking, or grinding sensation, or if your hip feels like it is "giving way," the implant may be loosening from the bone or the components may be wearing against each other improperly.
Metallosis from metal-on-metal implants
MoM implants can release microscopic cobalt and chromium ions into the body. This can lead to a condition called metallosis, which can destroy surrounding tissue and bone. Symptoms may also include cognitive problems, vision or hearing issues, and heart problems.
Device fracture or breakage
In some cases, a component of the hip implant itself can fracture or break apart. This catastrophic failure causes immediate, severe pain and requires emergency revision surgery.
Identifying Liable Parties in a Hip Replacement Lawsuit
In a defective medical device case, our attorneys investigate every company in the chain of distribution. We primarily target the company that designed and manufactured the implant.
A successful lawsuit requires identifying every party that played a role in bringing the dangerous product to market. This strategy ensures you can pursue compensation from all responsible entities.
Our investigation may identify several potentially liable parties.
- The device manufacturer: The company that designed, made, and marketed the hip implant is typically the primary defendant.
- A component part manufacturer: If a specific part of the implant was made by a different company and that part failed, that company may also be liable.
- The sales representative or distributor: In some cases, a company that sold or distributed the device made misleading claims about its safety or performance.
- The hospital or surgeon: While less common in device cases, if the hospital or doctor knew or should have known the implant was defective or implanted it incorrectly, they might also share some liability.
Our legal team has the experience to trace the device's path from the factory to the operating room. We determine every party that should be held accountable for the harm you have suffered.
The Risk of Using AI for Medical Device Law Advice
When facing a failed medical device, you might turn to AI chatbots for quick information. These tools can define terms, but they lack the capacity to analyze the complex legal and medical issues of your case.
Product liability law in Kentucky has specific requirements that an AI cannot apply to your situation. Relying on an automated program for legal direction could lead to critical missteps and may damage your ability to file a successful claim.
For accurate guidance, speak with a qualified Kentucky trial lawyer at Gray & White Law who can protect your rights.
FAQ for a Kentucky Hip Replacement Lawyer
Do I need to know the exact model of my hip implant to start a case?
No. While knowing the manufacturer and model is helpful, it is not necessary to begin the process. Our legal team can obtain your medical records, including the surgical reports that identify the specific device you received. We then investigate that implant's history of failure rates and recalls.
What is the difference between an FDA recall and a lawsuit?
An FDA recall removes a dangerous product from the market, but it does not provide compensation to individuals who were already harmed. A personal injury lawsuit is a separate, civil action you take against the manufacturer to recover financial damages for your medical bills, lost wages, and suffering.
My surgeon said the operation went well. Can the implant still be defective?
Yes. A surgeon can perform a flawless operation, but a defectively designed or manufactured device can still fail. We file most hip implant failure lawsuits not against the surgeon but against the powerful corporations that make the faulty devices.
What other parties might I sue besides the device manufacturer?
Your lawsuit primarily targets the device manufacturer, but other entities in the distribution chain may share liability. Our investigation determines if you can hold a component part manufacturer, a sales representative who made misleading claims, or even the hospital or surgeon who knew about known defects accountable. We identify every responsible party to maximize your financial recovery.
Will I have to go to court to get compensation?
We resolve many product liability cases through a settlement before ever reaching a courtroom. Manufacturers often prefer to settle to avoid the risk and publicity of a trial. However, we prepare every case with the expectation of going to court, ensuring we negotiate from a position of maximum strength.
How much does it cost to hire a lawyer for a defective hip implant case?
At Gray & White Law, we handle these cases on a contingency fee basis. This means there are no upfront costs or hourly fees. We only get paid a percentage of the total recovery if we win your case. If we do not secure compensation for you, you owe us nothing.
A New Foundation for Your Future
You deserved a medical device that would improve your life, not cause further harm and uncertainty. Now, you deserve justice. Holding a global medical device corporation accountable is a formidable challenge, but it is a fight our firm was built for.
The nationally recognized trial lawyers at Gray & White Law, personal injury lawyers in Louisville, KY, are ready to be your advocates. Do not let a manufacturer's negligence define your future. Contact our office today at (502)210-8942 for a free, completely confidential consultation.
We are available 24 hours a day, 7 days a week. Let us help you rebuild.