How do we sue for a Biomet hip replacement failure? 26 Answers as of July 04, 2013

My wife required revision surgery to replace a Biomet metal on metal hip replacement that failed after 6 years with the same issues as the DePuy metal on metal hip. She has suffered permanent damage. Can you give me advice on pursuing a lawsuit against Biomet for the issues with this defective device?

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Riley Law Firm
Riley Law Firm | Timothy Dennis Riley
This is not a good area for a non-lawyer to attempt to pursue a claim on a pro se basis. You should research and find a Texas lawyer who is handling this particular type of case, and then seek recommendations on the lawyer.
Answer Applies to: Texas
Replied: 7/21/2011
Law Office of William Justice Whitaker
Law Office of William Justice Whitaker | William J. Whitaker
Dear Sir/Madam: This matter would be a "products liability" lawsuit and is very complicated and can be expense to litigate. My advise is to contact an attorney immediately and go over the details of your wife's case with them.
Answer Applies to: Virginia
Replied: 7/11/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Contac the Levin law firm in Pensacola, Florida. They are handling the lawsuits against DePuy and will be able to give you the information you need.
Answer Applies to: Florida
Replied: 7/4/2013
Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
To proceed you need to hire an expert to review your wife's records and to render a report as to the hip replacement failure. The failure of the part relates to a possible claim based on defective manufacture of the part. There might also be the need to have the medical records reviewed by a physician expert to see if the procedure was done properly, within acceptable limits of surgical practice. First you need to hire the right attorney.
Answer Applies to: New Jersey
Replied: 7/8/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If it is the equipment itself that is defective, you would have a products liability case. If it was the way the hips was "installed" then you would have a medical malpractice case. In medical malpractice cases, you must bring suit within 1 year, and you usually have to get all of your medical records first so that you can review them in depth.
Answer Applies to: Missouri
Replied: 7/7/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Biomet has a metal-on-metal hip implant device (Biomet Ech bi-metric, Biomet M2A-Magnum, Biomet M2A/C2A) as they are mentioned in conversation with a number of other metal-on-metal manufacturers. We would have to look at the records what led to the revision surgery but it maybe a case.
    Answer Applies to: Pennsylvania
    Replied: 7/7/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    You need a lawyer to research information on the device. There are some acknowledged defective hips other than Dupuy.
    Answer Applies to: Virginia
    Replied: 7/7/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Same as any defective product case. Talk to a personal injury attorney who handles defective products. They are not that hard to prove.
    Answer Applies to: Alabama
    Replied: 7/7/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You need to find an attorney represents clients in products liability cases. You can go to google - your county your state products liability lawyer -, for example, "Anderson SC products liability lawyer". If you google Biomet, you will find websites of attorneys who work on cases involving the Biomet metal hip. You can call me, if you so desire, for more information.
    Answer Applies to: South Carolina
    Replied: 7/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes, I can. There are lawyers who specialize in that kind of work. Your question is very specific and I am not comfortable making a recommendation to any particular law firm without first speaking to you on the phone. If you want to pursue a claim then please call me and I will arrange for you to be interviewed by a specialist attorney. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. We do not share a relationship as attorney and client. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general, under New York law they are: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!
    Answer Applies to: New York
    Replied: 7/7/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    These cases can be complicated. You can seek out a local attorney that handles defective product claims. You also could seek out an attorney that handles claims nationally. The attorneys handling claims nationally process a great deal of these claims and have a system in place to process them, perhaps, more quickly but not necessarily. A local attorney will give you more direct attention and be able to better answer questions, respond to you, etc. I recommend speaking to a local attorney first and then determining how to go forward.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    There are law firms that specialize in this type of lawsuit.
    Answer Applies to: California
    Replied: 7/4/2013
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    An attorney cannot give legal advice without formally representing the individual.
    Answer Applies to: Louisiana
    Replied: 7/4/2013
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    The only advice I can give you is seek the advice of a good personal injury attorney who has experience with medical malpractice and product liability. It would be ideal if you could find someone who has litigated a case with this particular device. Good Luck.
    Answer Applies to: Oregon
    Replied: 7/6/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    Because of the complexity of these type of cases, you will need to have an attorney to file suit on your behalf. You should contact one as soon as possible to make sure your wife's rights ad yours are fully protected, and you dont miss any filing deadlines.
    Answer Applies to: Texas
    Replied: 7/6/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is imperative that you retain a lawyer to discuss all the facts and each of these issues, along with your rights and options, as soon as possible.
    Answer Applies to: Georgia
    Replied: 7/4/2013
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    There are several models of the DuPuy artificial hip that have been determined to be defective, some of which have been recalled. I get calls about this all the time. Get a lawyer immediately who knows about this area of the law as this is complicated stuff.
    Answer Applies to: Georgia
    Replied: 7/6/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    These types of cases are extremely difficult and challenging. There are several things that must be evaluated prior to pursuing a claim against the maker, manufacturer, distributer, and/or doctor. Many times there are already class actions established once a widespread problem has been deemed to exist.
    Answer Applies to: Louisiana
    Replied: 7/6/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    These claims are very complex and very expensive. Find an attorney that has a long history of dealing with medical device failures. You would be wise to check with the Washington State Association for Justice to see what lawyers do that kind of work.
    Answer Applies to: Washington
    Replied: 7/6/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Who says the device is defective? What does the doctor say about the device? How long does the doctor say a device should work? (what is the life expectancy of the device?) I dont think devices are designed to last forever. You need to give me more info.
    Answer Applies to: North Carolina
    Replied: 7/6/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    I do not handle these types of cases but you are going to have to find a law firm that has the money, time and experience to handle this type of case. The firm is going to have to find experts, and possibly employees who are going to testify that the company knew there were certain problems with the product, whether it be the materials used in the product, certain problems with surgical techniques need to implant the product, knew that the product had a limited life span etc.
    Answer Applies to: Michigan
    Replied: 7/6/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Well, if Biomet's product was defective or they knew of something, you wife may be entitled to some real money.
    Answer Applies to: California
    Replied: 7/4/2013
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