Hip Replacement Recall. A Special Report

Transcription

1 Hip Replacement Recall A Special Report What You MUST Know About Metal Toxicity and the Seven Biggest Mistakes that could prevent you from getting the compensation you deserve Your Hip Recall Help Team Copyright All rights reserved

2 Introduction Have you had hip replacement surgery in the last few years? And are you still in pain? Maybe in more pain than you were before? Maybe you don't have pain at all - yet. But even if you do not have painful symptoms, if you have received certain hip implants, you MUST be aware of a danger that can put your life at risk. First, check if you have a hip replacement implant that has been recalled. In fact, if you have received a DePuy or a Zimmer hip implant, or one of certain other types of implants, chances are that you do have an implant that has been affected by a recall. And one that puts you at danger of heavy metal poisoning. Here's why... The recalled hip implants by DePuy and Zimmer are the type where both the ball and the socket have metal surfaces. This seemed like a good idea at the time, but it has been apparent for quite some time now that this constellation causes problems. Because of the pressure and the ongoing friction, microscopic metal particles are coming loose and are released into the surrounding tissue and the blood stream. What metals? Cobalt and Chromium. None of these substances has any business being in your body and blood stream in any significant amount, and their presence can cause serious health problems. How would you know you're affected by higher than normal levels of these metals in your blood stream? The danger of metal toxicity is that it doesn't exactly announce itself in most cases. When you start having symptoms, your levels are

3 probably already in the danger zone. And the symptoms themselves aren't the kind that would make you suspicious. Try fatigue, memory problems, problems with balance, and mood swings. Don't they sound like they could be caused by so many other reasons, like simply getting older? That's one of the biggest dangers. Some people are "lucky" and have pain in the area, so they're compelled to seek medical care. But if you have vague non-specific symptoms or even no symptoms at all, you may think you're safe. Not so. So what should you do? If you have ANY type of metal-on-metal implant and you haven't had your blood checked for heavy-metal levels, go see your doctor right away and get checked out. And what if your metal levels are high? You may have to have surgery to have your toxic implant replaced. I realize this is very bad news. And that's why the affected implants have been recalled. Recalled? It's bad enough to have car parts recalled, but hip implants? They're inside your body! To swap them out means you have to have surgery AGAIN. And repeat surgery is usually much harder on the patient and carries more risk. It also usually comes with a recovery period that is even longer than the first one. That's bad enough. But what's even worse is that the company that made your implants knew that these implants were defective long before you even had your surgery. Can you believe that?

4 You could have been given a "good" implant if only they had disclosed that theirs were bad news. So now, you have to have surgery again, with all that entails. Another round of painful recovery. Another drain on your budget. Hopefully, the new surgery can fix your problem. If your only problem so far is high heavy metal levels in your blood stream, you may be in luck. But maybe you have additional problems of the kind that are common in those same recalled implants. Maybe you have trouble walking, or you have extreme pain and swelling, or your implant has come loose. Some victims of bad hip implants have discovered to their horror that the bad implant destroyed their bone structure, or caused damage to nerves and ligaments. There have been reports of other problems as well. As a result, they were going to be in pain for the rest of their lives. Some patients will be permanently wheelchair-bound as a result of those bad hip implants. Whether it's "just" metal toxicity or your implant has turned into a huge problem for a variety of reasons, this is serious business. And so, if you've been given a bad hip implant, you deserve to get compensated. The challenge to get compensation Unfortunately, a lot of victims of bad medicine never get the compensation they deserve. That's because they make some crucial mistakes that sabotage their case and help the other side to weasel out of paying proper compensation. All too often, they get away with paying them peanuts or even nothing at all.

5 Don't let that happen to you. Read on to discover some of the key mistakes that prevent victims of medical malpractice from getting proper compensation. Mistake #1: Bad record keeping The first mistake is failure to keep good records. Now it's not easy to keep good records because the hospital and your doctors aren't exactly eager for you to have those records. They won't ask you if you'd like a copy. Then again, you do have a legal right to them, so if you request them, they must give you copies of all their records. They might charge you a nominal fee for copying, so be sure to let them know that this will be okay. And most importantly, be sure to request them in the first place, and once you get them, go over them to make sure they're complete, and then keep them in a safe place. In fact, make copies of all those documents and keep a duplicate set in a safe deposit box. These records could be worth a lot of money one day, so don't lose them. To supplement your official medical records, also keep a journal of how you feel and how things went. Keep careful notes of everything your doctor said, and of each phone conversation you have with anyone on your medical team. If you have conversations with your insurance agent, or with those of the manufacturer, keep records of that as well. When you need legal help to get compensated for any injuries you suffered at the hand of your medical team, you will need those

6 records. And a lot of cases are lost because these records just aren't available -- or they're incomplete. So don't make that mistake. Be diligent about keeping records, and make sure your copies of all your medical records are complete. In fact, as we'll discuss below, you may want to check with a lawyer to make sure you have all the records you need. Mistake #2: You believe you signed away your rights in the liability waiver before your surgery The medical establishment wants you to believe that you're signing away your rights the minute you sign that liability waiver. That's why they make you sign those waivers. Now it's true that surgery is risky business by its very nature. Bad things can happen, through no fault of the surgeon or anyone else. However, that's where a good medical malpractice lawyer can help you. They know what kinds of problems are due to bad luck -- and which ones are due to medical mistakes or negligence. The doctor must have taken all reasonable steps to prevent problems. If he or she had done that, you might not have a case. However, often doctors -- or staff members -- do make mistakes. And when they do, your waiver means nothing. Your waiver protects them in cases where they did what they were supposed to do, and things still went wrong. They do not protect them if they screwed up. And in the case of the DePuy hip replacement recall, they screwed up in a big way. But the biggest culprit is the company, Johnson and Johnson, which made those hip implants.

7 So if you have received a hip implant that has been recalled, you do have a case. Don't let anyone tell you otherwise, certainly not before you've talked to a personal injury lawyer. Johnson & Johnson KNEW they had a defective product years before they recalled it. Apparently, they were hoping no one would notice. In fact, for a while, they actually denied that the problems that were reported were due to defective implants even when they actually knew that the implants caused the problems.. And so, no matter what kind of waiver you signed, you ARE owed compensation. Talk to a good medical malpractice and personal injury lawyer and have them review your situation. And be sure to do it as soon as possible. Mistake 3: You join a Class Action Suit Some lawyers try to get you to join a Class Action Suit. It sounds like a good idea on the surface. But here's the problem: guess who will get the money? The vast majority of class action suits end up paying peanuts to the victims. The majority of the money goes to the lawyers, which is why they're so eager to add your case to their suit. What should you do instead? Have your case reviewed by a personal injury lawyer you can trust. If you have a good case, one that is supported by excellent and complete records (see above) and one where you clearly have suffered major damages due to the negligence or outright fraud of the manufacturer of the defective hip implant, you will do better if you opt out of the class action suit. How will you know? Talk to a personal injury lawyer who has experience with personal injury and medical malpractice cases.

8 Mistake 4: You let the insurance pay you off Don't even think of accepting insurance payments before you talked to a trustworthy lawyer and made sure your lawyer has all the facts. Insurance companies often offer money to the victims of medical malpractice cases. They try to settle, and usually, they try to settle on the cheap. In fact, if an insurance agent appears bearing money, you have reason to be suspicious. Do not accept it, no matter how tempting it may be. Yes, I understand that you may need money, but if you resist the temptation, you may well find that you can get a multiple of that amount later. So when an insurance representative contacts you and wants to give you money, call a lawyer immediately. Mistake 5: Waiting too long before you get a lawyer This one is probably the biggest mistake: Waiting too long before you get a lawyer. Why is that a problem?

9 The evidence might disappear while you wait. Deadlines could be missed. Your records could disappear. You may not know all the records you need, so you'll find it very helpful to get your lawyer's advice on which records to collect and how to request them. You also need to know about statutes of limitations, as well as deadlines by when certain papers have to be filed. The legal system is not exactly designed to be easy to maneuver by lay people, i.e., people who are not lawyers. So be sure to get help when you believe you might have a case, and get help fast. Sure, you may discover that maybe you don't have a case after all. However, if you have had a defective hip and are now in pain, you almost certainly have a case. So let your lawyer make the decision of whether you have a case or not. You can be assured that they will not talk you into suing if they are not convinced that they have a case they can win. See the next section for the reason. Mistake 6: You assume you can't afford a lawyer If you have a malpractice case, your lawyer will generally take you on as a client in exchange for a cut of the settlement or judgment. This means that you won't have to pay them anything upfront, or ever.

10 Depending on the specific lawyer's policies, some of them ask you to pay their expenses, i.e., copying, expert witnesses, and such. But many lawyers won't charge you a dime, not until you have the money to compensate you for your pain and suffering. Mistake 7: You assume it might not be worth it You may believe that you won't be able to get much money anyway, so you figure why bother. Don't be too hasty. Of course you do have to have a legitimate case. There must be evidence that you suffered due to someone's negligent or even fraudulent action. And you do have to prove that you have incurred serious injuries and major suffering because of that action. I f you can prove that, you may be able to get compensated not just for your medical expenses and any expenses you incur as you deal with the consequences of the malpractice situation, but you'll likely get additional compensation for your pain and suffering. And that's not all! Juries often award punitive damages as well, in order to make a case for punishing negligent and/or malicious behavior on the part of the medical team or the manufacturer of the recalled part, in your case the defective hip implant. And in fact, if you have received a defective hip implant and are now in pain and will have to subject yourself to additional surgery to have it replaced, you qualify on all counts.

11 So what should you do now? First of all, if you haven't done so recently, be sure to see your doctor and have your blood checked for heavy metal levels. Then, make sure you get your hands on your medical records and stash them in a safe place. Then, talk to a good personal injury lawyer. Be sure to go with a lawyer you can trust, a lawyer who has plenty of experience with getting compensation for medical malpractice or personal injury clients. If you are not sure where to find such a lawyer, we can help you. We're working with a team of lawyers who have years of experience with helping victims of medical malpractice and personal injury. They'll be able to help you too. We will contact you to see how we might be able to assist you with getting you the compensation you deserve. In the meantime, please feel free to contact us at mailto:hiprecallhelp@gmail.com

12 Disclaimer: Please note that this report does not constitute medical or legal advice. It is not a substitute for talking with your doctor or lawyer. Requesting or reading this report also does not constitute a lawyer/client relationship. In order for such a relationship, a contract will have to be agreed to and signed by both parties.