arthritis, Cobalt chrome, Cobalt poisoning, DePuy, Food & Drug Administration, Hip Replacement, Johnson, Law, metal-on-metal hips, metallosis, Patient, Product Liability, Smith & Nephew, UNited States
Source – click this link: Important information about legal action on metal hip firstname.lastname@example.org.
Important information regarding legal action
I was pleasantly surprised to be contacted by a legal firm in the UK (Lampkin & Co) who are taking matters seriously with regard to legal action against the manufacturers of metal on metal hip implants. Unlike other legal firms who are ‘ambulance chasers’ and hanging on the coat tails of American legal action for Depuy, this firm appears to have done their homework seriously and have a very eminent orthopedic surgeon on their team who has been anti metal on metal implants from the first instance. They have taken up the mantle that I have always believed in that any metal on metal implant can’t possibly work purely down to common sense.
In my own experience I have contacted over 6 legal firms who have rejected me and 2 who have seemed to ‘ take me on’ have had proof of identity and so on and have never heard a word back and in all instances the actual reason for taking any action(s) have not been discussed and in some cases I have been advised that I am almost beyond the ’3 year criteria’. I had no idea that this is not the case. Now I know this is not the case.
Herewith the statement from Lampkins which I hope will help all sufferers understand their legal position and call Lampkins to that effect. (Please note no monies are involved).
Lampkin & Co Solicitors are progressing legal action in the UK for the failure of all metal-on-metal hip products. They are one of only a handful of law firms that have the necessary expertise to deal with these cases.
When the news regarding the scale of the problem with the metal-on-metal hip products broke in the UK, many solicitor practices saw an opportunity and initially took on compensation claims for those suffering following their hip replacement procedures. Unfortunately, many of those firms did not have the necessary experience to deal with these cases and have now either started to reject the claims or simply lower their priority in the workload which means those clients are now finding they’re not getting anywhere.
There are a number of common misconceptions regarding the legal action in the UK. Some helpful pointers for anyone that is suffering due to their metal-on-metal hip replacement are:
- The cases are being dealt with as a product liability matter, not personal injury or medical negligence.
- This means it’s the manufacturer of the metal-on-metal hip product itself that action is taken against, not any medical staff such as your surgeon for example.
- It also means the time limitations under law for taking such action is actually longer than a personal injury case. For product liability it’s 10 years from the date of manufacture. It’s important to note though that some of the metal-on-metal hip products may have been in stock at hospitals for up to 2 years in some cases before being fitted and the legal action itself will take some time to complete.
- Due to the time scales involved in these cases Lampkin & Co are only taking on cases where your procedure took place in 2005 and onwards.
- The law regarding the funding of legal costs in the UK is actually due to change on April 1st 2013. Currently, Lampkin & Co are able to guarantee their clients will receive 100% of any compensation they are awarded but following the changes, any cases taken on will have up to 25% of the compensation deducted towards legal costs. This means you should act now as the deadline for taking on a case under the current arrangements is March 28th 2013.
- If you have already approached another law firm and either had your case rejected or your case has been taken on and you feel unhappy about how it’s being handled you have the right to appoint another solicitor. You can actually transfer your case at no cost or risk to you – Lampkin & Co can advise you regarding this process.
Lampkin & Co are currently representing over 100 patients and taking several new enquiries each day. All cases are being dealt with under a “No Win No Fee” arrangement so provided you follow their advice, you shouldn’t see a bill from them regardless of the outcome of your case.
Get access to free legal advice and more information on their Fact Sheet here:
- Calling all Smith & Nephew victims (earlsview.com)
- Metal hip patients ‘need annual checks’ – Health News – Filey and Hunmanby Mercury (earlsview.com)
- Metal Debris in Patients’ Bloodstream is “Harmless,” J&J Toxicologists Say (earlsview.com)
- Smith & Nephew Failure Warning for Birmingham Hip Implant (earlsview.com)
- DePuy Pinnacle Hip Replacement Lawsuits: Bernstein Liebhard LLP Comments on New Study Finding that Hip Replacement Failure More Likely in Women (earlsview.com)
- RLG Responds to Report of Higher Metal-on-Metal Hip Replacement Failure Rates in Women (earlsview.com)
- Iowa Resident Brings Suit Against Stryker For Damages Caused By Recalled Hip Implant – News Press Release | PharmiWeb.com (earlsview.com)
- Metal-on-metal hip implant risks ‘unique’ – Health – CBC News (earlsview.com)
- Health ‘Grow Your Own’ Hip Replacements Available Within a Decade UK (earlsview.com)
- Recalls-R-Us – DePuy/J&J Strike Again – More Hip Trouble (earlsview.com)