Hip replacement surgery is supposed to relieve joint pain, increase mobility, and improve the quality of a patient’s life—but what if a medical device does the opposite? What if it causes irreparable harm instead of correcting a problem? Unfortunately, that’s exactly what happened with the Encore hip replacement.
Instead of helping patients, the defective Encore metal-on-metal hip implant has caused severe injuries, resulting in chronic pain, lasting health problems, and further medical expenses. Unsurprisingly, many have filed an Encore medical hip replacement lawsuit against the manufacturer, alleging that the company put profits ahead of patient welfare.
Over time, metal debris buildup around the joint and in the bloodstream can lead to a number of serious side effects, such as:
In many cases, some form of revision surgery is needed to correct problems associated with the metal-on-metal hip replacement. Because this type of articulation is now known to be so problematic, this usually means that the patient has to have revision surgery to fully replace the faulty implant with a safer device.
For the surgeon, hip revision often means a slightly more difficult surgery due to the presence of scar tissue from the first replacement. For the patient, it means more pain, further health risks, and even more medical bills.
The Food and Drug Administration (FDA) approved the Encore Hip Replacement in 2013 as part of its “grandfather” provisions, which loosened inspection standards for new devices that were similar to existing products. Essentially, the government fast-tracked the approval process.
That decision was a mistake. It ignored fundamental differences between the Encore Hip Implant and other “similar” products, the most important of which was the increased use of metal on metal. Now that there is more evidence showing the danger of metal-on-metal articulation, the FDA has backtracked and issued warnings about possible complications.
This was not necessarily the FDA’s fault, however. Encore Medical, a manufacturer that’s now owned by DJO Orthopedics, failed to conduct a thorough safety study on the device. They then refused to warn patients of the risks, knowingly putting innocent people in danger. This callous disregard for patients’ health and safety led to preventable injuries and unnecessary suffering.
A specific Encore Medical hip replacement recall has not yet been issued, but the system’s metal-on-metal articulation is functionally the same as other devices that have been recalled.
Because of the damage caused, many hip replacement patients have already taken legal action against Encore Medical/DJO Orthopedics. Thousands of suits have been filed over the last few years, and new lawsuits continue to be filed in a growing effort to get justice for those affected.
No settlements have yet been reached for Encore hip implant lawsuits, but similar litigation against other hip device manufacturers (DePuy, Stryker, Wright, and Biomet, to name a few) have yielded positive results. Settlement amounts from such cases already total in the billions.
If you’re experiencing pain, discomfort or illness after receiving an Encore hip implant, the first thing you should do is see your doctor. Your symptoms could be caused by early device failure, and you may need to have revision surgery to correct it.
The second thing you should do is get in contact with an experienced hip implant lawyer. An attorney can tell you whether or not you have a good case for an Encore hip replacement lawsuit, help you gather information, and file the necessary paperwork.
Even if you can still walk and your current symptoms seem mild, you’re still dealing with the repercussions of a faulty device. Over time, those symptoms can turn much worse. Every affected patient deserves the opportunity to hold the manufacturer accountable.
At Saunders & Walker P.A., we help clients across the nation with a variety of legal concerns. Our experienced personal injury lawyers have sought justice for those harmed by everything from harmful medical devices and drugs to food poisoning and priest abuse. We’ve dedicated our careers to helping victims of unscrupulous manufacturers and organizations, and we’ll bring the same kind of passion to your case.
When you come to us for help, we’ll provide you with a free consultation to discuss your case and whether it’s appropriate for a lawsuit. If it is, we’ll guide you through the process and help you gather the information and evidence needed to build a strong case. There’s no need to worry about costs; our contingency policy means that if we don’t recover damages in your case, you don’t have to pay.
If you’ve suffered pain, discomfort, instability, illness, or other serious problems after being implanted with Encore’s defective product, you may be able to file an Encore Hip Implant lawsuit against DJO Orthopedics. We are currently accepting these types of cases. Call our law firm at 1-727-579-4500 to learn more about the Encore Hip Implant lawsuit, and to speak with a defective hip implant lawyer.