A number of recalls in Oregon for replacement joints are a frightening prospect for those with such implants. The negligence of a company could affect you or a loved one severely, especially considering that your joint replacement was performed to improve your health and life. It’s important to know when you might be able to pursue a compensation claim.
When You May Be Eligible to Receive Compensation
You may not have any issues with your joint replacement, but you may be worried about possible future failings. If you meet any of the following, you could be eligible for a successful liability claim.
- You have a joint replacement that has not been recalled, but a joint failure has caused your injury or illness.
- Your joint replacement model is on a recall list and known to cause injury
- You have pain with no specific cause
When Your Claim Will Not Likely Result In A Damage Award
However, not everyone with a hip or knee joint replacement has a viable claim. If your situation more closely aligns with these circumstances, then it is unlikely you will be awarded damages.
- Your joint replacement model has caused you neither injury nor pain and is not on any recall list.
- You have an injury in your hip or knee that is unrelated to your joint replacement.
- The device was implanted beyond the statute of limitation (or ultimate repose) in your state.
Compensation You Could Receive
If you have a potential claim for injury or pain from a recalled joint replacement model, you could receive compensation for medical bills, such as medication, surgery, or hospital stays. You could also receive compensation for losses related to income loss, such as lost wages or missed promotions. Compensation could also cover pain and loss of quality of life caused by the joint.
If you have suffered from a defective product or had a joint replacement recalled, it’s important to talk to professionals who have experience with cases like yours and can defend your rights and could find fair compensation for you. Contact Shlesinger & deVilleneuve today to see how our office can help you.