Because many recipients of the Smith and Nephew Birmingham Hip Resurfacing System suffered injuries that might have resulted from the device itself or the Reflections 3 (R3) Metal Liner, they might want to know how much compensation they can expect from either a lawsuit or a settlement with the manufacturer. Although there are no known settlements or lawsuit judgments related to Smith and Nephew’s hips, there are two ways to help gauge a settlement’s value: the kind of damages available to hip replacement lawsuits and the outcomes of similar hip replacement lawsuits.
Two Types of Damages in Product Liability Lawsuits
A plaintiff suing a hip replacement manufacturer can claim two types of damages: “economic damages” and “non-economic damages.” Economic damages are costs that are easily quantified, like medical bills or lost income. Non-economic damages aren’t so easily determined. Examples include pain and suffering and loss of spousal companionship. In a lawsuit, sometimes an expert can testify before the jury and give a figure as to how much the non-economic damages are worth. Importantly, the individual circumstances can cause the amount of damages to vary substantially.
Significant Compensation for Some Hip Replacement Recipients
Although it occurred in 2000, the Sulzer Orthopedics’ Inter-Op Acetabular Shell recall resulted in a large settlement for plaintiffs. In 2002, a court approved a class action settlement of $1 billion that was distributed to $200,000 per person who underwent a revision procedure and $1,000 that did not. More recently, in September 2012, DePuy Orthopaedics and its parent company, Johnson & Johnson, settled a case over its ASR all-metal hip replacement with three plaintiffs for $200,000 each as well.
In actual litigation, however, results have varied more widely. One DePuy ASR trial in California ended with an $8.3 million jury verdict for the plaintiff. Another trial in Illinois resulted in a complete victory for DePuy, but the verdict surprised most of the people who track hip replacement lawsuits.
RLG Represents Smith and Nephew Hip Replacement Recipients
Although it’s unclear what kind of damages a plaintiff in a Smith and Nephew hip replacement lawsuit might obtain or what a settlement might be worth, don’t let that discourage you from seeking legal counsel if you believe one of the company’s hips injured you or a loved one. The amount of compensation from a Smith and Nephew hip lawsuit might include damages for medical expenses, lost income, pain and suffering, and other damages. To find out if you are eligible to file a lawsuit, click on this link or call 1-800-624-9568 and a lawyer from the Rottenstein Law Group will reach out to you as soon as possible to give you a complementary, confidential legal consultation.