When to Pursue a Lawsuit over a Hip Replacement Gone Bad


When I finally got my husband to go in for hip replacement surgery, I used the argument that once his post-op recovery was over, he would be done suffering, and that the pain he had been dealing with for years would be a thing of the past. I never thought at the time that things would lead to a hip replacement lawsuit. While we were driving to the hospital, he was nervous and agitated. So, I kept a steady flow of conversation going to distract him, even mentioning that we could take our long walks and be more active again. At least that got a tight smile out of him.

The surgery, we were told, was a complete success. Brian got out bed with assistance the next day. They gave us a walker for stability and had him taking slow steps. Three days after the surgery, we got the green light to go home. The road ahead would consist of adding a few steps to daily walks and eating healthy foods to help his body heal. I stocked up on anything I thought might boost his immune system and strengthen his recovering body. Eventually, Brian healed completely and we thought that we had weathered the storm and come out the other side to fair seas.

Then, about six months after the operation, we had to cancel hiking plans because Brian started having pain in the replaced hip joint. It was low level pain at first, but soon it was keeping him awake at night. Our doctor suspected a faulty prosthesis since no injury had occurred and there was, as yet, no infection. He referred us back to the surgeon, who sighed and said this sometimes happened with this particular prosthesis and that the manufacturer had supposedly addressed some flaws in the design to decrease the rate of failure. We were just in the unlucky minority. I really didn’t expect to go to court for hip replacement failure, but my husband had been through a lot, and I didn’t like that this was a known issue, but we had not been warned about it from the beginning.

We went online to see if anyone else had been through this. Unfortunately, we were able to find chat rooms and support groups right away – a lot of people had similar experiences. It was nice, though, to be able to talk to the others about the success rate of a second surgery and whether or not they had taken legal action to address their grievances. I left it up to my husband, and he decided to pursue a hip replacement lawsuit, mainly because he hadn’t been able to go back to work, and our medical and regular bills were starting to pile up.

Brian also thought that remaining silent would be wrong. He wanted others to know that there was legal recourse for what had happened to him, and that they were not alone.

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