Trends in joint replacement procedures have meant more surgeons now use quick-mixing high-viscosity bone cement during this type of procedure. While this cement is easier and faster to work with for the surgeon during surgery, many people are reporting complications that require treatment or an additional operation.
If you suffered an implant failure related to bone cement, or if your doctor diagnosed you with bone cement implantation syndrome, you may be able to take legal action against the manufacturer of the bone cement. Bone cement lawsuit lawyers from Berger and Green are reviewing these cases for free now. Call (412) 661-1400 to get started.
Understanding the Dangers Posed by This Type of Bone Cement
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According to the Journal of Arthroplasty, high-viscosity bone cement, sometimes called HVC, is often preferred by surgeons because it mixes and sets quickly. However, those who undergo procedures using this type of cement may later require a second surgery. Many of the plaintiffs who are pursuing compensation for their expenses and injuries related to cement failure have to undergo revision surgery for a failed knee or hip implant.
HVC glues the replacement to the nearby bones, so when that cement bond fails, the hip or knee implant fails. The primary complaint against the bone cement manufacturers is early implant failure. When bone cement fails, and the implant is no longer secured in place, you could experience:
- New, chronic pain in the affected joint
- Instability on the leg
- Loosening of the implant, known as aseptic loosening
- Knee or hip swelling and decreased range of motion in the joint
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In addition to bone cement failure, there is also the issue of bone cement implantation syndrome. This occurs when there is a systemic reaction to the ingredients in the bone cement product. It is a serious medical emergency and could include blood clots and embolisms, low blood pressure, low oxygen levels, loss of consciousness, cardiac arrest, and even death.
There is currently no way to track how often a heart attack or other critical event during or after a joint replacement procedure is secondary to bone cement implantation syndrome. Many doctors are not aware of this recently discovered condition, and most do not record information related to how often this occurs.
Recoverable Damages in a Bone Cement Lawsuit
If you suffered complications related to the bone cement used in your knee or hip replacement procedure and required revision surgery or another treatment, you may be eligible to pursue compensation to cover the expenses, losses, and other damages you endured.
Some of the types of damages that may be available to you in this type of case include:
- Medical care costs for revision surgery and other treatment
- Physical therapy and rehabilitation costs
- Pain and suffering
- Lost wages if you missed work recovering
- Punitive damages
As a part of our process to build a strong case on your behalf, we will identify as many expenses and losses as possible and document them. This allows us to present a strong payout demand to the manufacturer during settlement negotiations or argue for a verdict and award in court.
Status of Bone Cement Lawsuits as of June 2019
The lawsuits against the manufacturers of this type of bone cement are in their earliest stages. Depending on how many there are and the similarities between them, the U.S. Judicial Panel on Multidistrict Litigation may choose to consolidate them into multidistrict litigation (MDL) in the future.
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Multidistrict litigation is a type of mass tort that allows a group of plaintiffs with similar cases to work together on the initial stages of litigation. This keeps hundreds or even thousands of the same type of case from clogging courts nationwide. Instead, they conduct a single discovery, and one judge hears all pretrial motions. Then, that judge oversees several bellwether trials.
The outcome of the bellwether trials does not have a direct impact on the remaining cases, but they often encourage defendants to offer settlements to the rest of the plaintiffs. Following the bellwether trials, any remaining cases return to their original jurisdictions.
Berger and Green Can Take Legal Action on Your Behalf in a Bone Cement Case
There are a number of bone cement manufacturers who face accusations of making defective and dangerous products. When we handle your case, we will identify and collect a wide range of evidence to support the payout you deserve. During this process, we will request your medical records and determine the type of bone cement used during your procedure, identifying the manufacturer.
When you trust our team with your bone cement lawsuit, a bone cement lawsuit lawyer can explain your rights and outline your options for the next step. We may be able to:
- File a lawsuit against the bone cement manufacturer
- Work with others with similar cases to form a mass tort
- Join multidistrict litigation already in progress
If you required revision surgery or other treatment within a few months or years after a hip or knee replacement procedure, the bone cement used during your surgery may be to blame. You may be eligible to hold the cement manufacturer liable.
Talk to a Bone Cement Lawsuit Lawyer About Your Case Today
If you suffered a joint replacement failure or suffered serious complications related to the bone cement used in your knee or hip replacement procedure, a defective medical product attorney from Berger and Green will review your case for free. Let us evaluate the strength of your case and take legal action on your behalf.
Our initial consultations are always free of charge, and you do not owe us any attorney fees unless we recover a settlement or award for you. Call or text Berger and Green now at (412) 661-1400 to talk to a member of our team.