Is this considered a class action?

No, we are not pursuing any class action cases involving defective knee and hip devices. A class action assumes all damages are essentially the same, and then divides the money up evenly across the class.  The types of knee and hip injuries experienced by each person are unique.  Therefore, it would be unwise to resolve each claim for the same amount of money.   Defective knee and hip cases have been filed in federal court and many state courts. Most of them will be resolved in a consolidated action either at state or federal (multidistrict litigation) level. In consolidated state and federal actions, the cases are combined for pre-trial proceedings, such as discovery and depositions but are resolved as individual cases based on individual merits.

Statute of Limitations: Are there time limits to make a claim?

Yes, there is a statute of limitations that will bar your claim if it is not brought within a certain period of time. Many people want to know about their statute of limitations before they talk to us. Unfortunately, there is no universal answer. Setting the statute of limitations for these claims involves a very complex calculation, which we can only make after we have had time to investigate your case. Factors can include which state you are in, when your surgery was, when you found out there was a problem, etc.

The most important thing to take away is that time is of the essence. The statute of limitations is the date by which you must file your claim. Before we can do that, we need adequate time to open your file, order necessary records, go through and extract needed documents, and have them reviewed by an expert. It can take several months for hospitals to even get the records to us. Therefore, it is best to speak with us as soon as possible to avoid possible statute of limitations issues.

Why choose a GoldenbergLaw knee and hip attorney to handle my hip device claim?

Choosing a defective knee and hip attorney is an important decision. When you are speaking with a firm about you case, ask if they have other knee and hip cases. Ask what their plan is, and what you can realistically expect them to do for you. Most importantly, make sure to ask if the attorney is experienced in mass tort.

Mass tort is a very specialized area of law. Do not make the mistake of assuming that any attorney who agrees to take your case will achieve the same result. Many product liability attorneys do not necessarily have the experience or the resources to take on mass tort claims. Since this is not a class action litigation, outcomes of cases will vary.

GoldenbergLaw has been involved in many mass tort litigations and has been representing victims of defective medical devices for almost 30 years. We work with some of the top experts in the country and stay on top of developments in the litigation that can affect the outcome of your case. We carefully and efficiently review each case, taking time to give realistic expectations and updates to our clients. Before we expect you to retain us as your defective knee and hip attorneys, we will make sure all of your questions are answered to your satisfaction. Please contact us for a free consultation.

Why choose a GoldenbergLaw knee and hip attorney to handle my case against Stryker?

When choosing a knee and hip attorney, experience must be a requirement – not a preference. GoldenbergLaw has been representing victims of negligent manufacturing practices for almost 30 years. We have specific insight and experience with knee and hip device litigation through our current involvement in metal-on-metal hip litigations, including DePuy ASR. We have experience dealing with Broadspire, as DePuy hired them to manage costs after the ASR recall in 2010. We refuse to let device companies put profits before safety at the expense of your health. In addition, the federal Multidistrict Litigation (MDL) for Stryker cases is centralized in the District of Minnesota, meaning we will be just blocks away from MDL proceedings. We remain heavily involved in this litigation and will play a leadership role.

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Who is Broadspire?

If you have a DePuy ASR Hip or a Stryker Rejuvenate or ABG II Hip, you may have already heard from Broadspire. Many people are confused by who they are and wonder if they should trust them.

Broadspire is a third-party claims administrator that helps manage out-of-pocket expenses for recipients of the recalled hips. They track down recipients of the hips and enroll them in the medical programs funded by the manufacturer (DePuy or Stryker, in this case).

While the opportunity to have the company cover out-of-pocket costs is a good thing, it is important to proceed with caution. Keep in mind that Broadspire is on the manufacturers’ payrolls, and they are not paid to advocate for hip recipients. Do not sign anything with them before speaking with an attorney.

You DO NOT need to forfeit a lawsuit in order to participate in Stryker or DePuy’s medical programs, although they would like you to believe that. You do, however, need to be careful of what you give Broadspire access to. Anything you give Broadspire can be used in a defense against you, which is why we work to make sure that 1) your out-of-pocket costs are submitted to them properly and are paid and 2) Broadspire is not privy to information beyond what is required/necessary.

See also:

Seeger Salvas Warns DePuy Hip Replacement Recall Victims that Recorded Phone Calls Could be Used Against Them

Judge Katz Issues Preservation Order for DePuy ASR Devices

Stryker Hires Broadspire Services Inc. as Third-Pary Claims Administrator

 

 

Should I sign anything?

If you have a recalled device and/or have been contacted by the manufacturer of your metal-on-metal hip, do not sign anything until you explore your rights with an attorney. While the manufacturing company may offer to “pay your medical bills,” you may be entitled to additional damages for wages lost, lost earning capacity and the effects this defective product has had on your life and activities of daily living due to problems caused by your metal-on-metal hip device.

Stryker and DePuy have both hired a company called Broadspire to help them minimize costs associated with their recalled hips (see: Who is Broadspire?).

 

First DePuy Bellwether Trial Scheduled for September 9, 2013

The first DePuy bellwether trial for the ASR hip litigation is scheduled to commence in less than two weeks. On July 8, Judge David A. Katz, the U.S. District Judge presiding over the Federal Multidistrict Litigation (MDL) for DePuy cases, issued an order for this case to be tried on September 9, 2013.

Due to some rescheduling earlier this year, this will be the first DePuy bellwether trial. The original complaint, filed by plaintiff Ann McCracken and her attorneys, can be found here.

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