You trusted the device manufacturer to provide a safe, reliable product that would restore your mobility, not cause more harm. If that trust was broken and your implant failed, you are likely facing unexpected pain, mounting medical bills, and the daunting prospect of another surgery. The law provides a pathway to hold the manufacturers of these faulty devices accountable.
A hip replacement lawsuit allows you to seek compensation for the very real damages you’ve suffered. This includes the cost of revision surgeries, lost income from time away from work, and the physical and emotional distress that comes with a failed medical implant. It’s also about ensuring the company that put a defective product on the market is held responsible for the consequences.
You may be wondering if you even have a case. The short answer is: if your implant failed prematurely or caused you significant harm, you might. Our practice focuses on these exact situations. We have years of experience handling claims against large medical device corporations.
If a defective hip implant has injured you, call us for a free consultation at (888) 485-8844. We’re ready to help you understand your options with no obligation.
Why Choose Ferrer Poirot Feller?
A Track Record of Holding Corporations Accountable
For over 40 years, Ferrer Poirot Feller has been dedicated to helping people who have been injured by the negligence of others. Our practice is built on the principle of empowering injured individuals and their families. We have a history of taking on large corporations and their legal teams, and we are not afraid to go to trial to get our clients the compensation they need.
Personalized Attention for Your Case
We know that every case is unique, and we provide direct and personalized attention to each of our clients. You are not just a case number to us. We take the time to listen to your story, understand how your injury has affected your life, and build a strong case on your behalf.
No Win, No Fee Guarantee
We handle hip replacement lawsuits on a contingency fee basis. This means you pay us nothing unless we win your case. We believe everyone should have access to quality legal representation, regardless of their financial situation.
National Reach
Our head office is located at 2603 Oak Lawn, Suite 300 in Dallas, Texas. However, we handle cases nationwide, not just in Texas.
What Kind of Compensation Is Possible?
The purpose of compensation is to cover the full range of losses you’ve experienced due to a faulty hip implant. A successful claim provides the financial resources needed to let you focus on healing.
Economic Damages: The Tangible Costs
These are the specific, calculable financial losses you have suffered. They might include:
- Medical Bills: This covers all costs tied to your initial surgery, the necessary revision surgery, hospital stays, doctor’s appointments, medications, and any future medical care you may require.
- Lost Wages: If you were unable to work while recovering, you may be able to recover that lost income.
- Loss of Earning Capacity: If the injury has permanently affected your ability to earn a living, you may be entitled to compensation for this future loss.
Non-Economic Damages: The Intangible Losses
These damages are meant to compensate you for the non-financial ways the defective hip implant has affected your life. These include:
- Pain and Suffering: This accounts for the physical pain and emotional distress you have endured.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, from hobbies to family events, you may be compensated for this loss.
What Goes Wrong With Hip Implants?
Flawed by Design: Metal-on-Metal Implants
Many hip replacement lawsuits target a specific category of device: metal-on-metal (MoM) implants. The idea seemed durable, but the reality was different. As the metal ball and cup of the implant grind against each other, they can shed microscopic metal particles. These particles build up in the surrounding tissue and bloodstream, leading to a painful condition called metallosis, or metal poisoning. This causes severe inflammation and destroys healthy tissue and bone around the implant.
Modular Mayhem: Fretting and Corrosion
Another major issue arises with modular hip implants, which have interchangeable necks and stems. While this design gives surgeons more flexibility, it also creates junctions where two different metal components connect. These connections are susceptible to micromovements that cause fretting and corrosion, releasing metal debris into the body even in non-MoM implants. This was the central problem behind the recalls of Stryker’s Rejuvenate and ABG II hip systems.
Other Common Failures
- Premature Failure: Some implants simply wear out long before their expected 15-to-20-year lifespan, requiring an early and unexpected revision surgery.
- Component Loosening: The implant may fail to properly fuse with the bone, leading to instability, pain, and a feeling that the hip is “giving out.”
- Failure to Warn: Device manufacturers have a duty to inform doctors and patients about the known risks of their products. When they hide data about high failure rates or potential complications, they can be held liable for the harm that results.
Warning Signs of a Failing Hip Implant
How can you tell if your implant is failing? Your body will likely send clear signals. If you experience any of the following, contact your doctor right away.
- Deep, persistent pain: Aching in the groin, hip, or thigh, especially when you walk or put weight on the leg.
- A sense of instability: A feeling that your hip is loose, will give out, or is not secure.
- Strange noises: Any popping, grinding, or clicking sounds coming from the hip joint could signal that components are wearing down or breaking.
- Swelling: Inflammation around the hip can point to an adverse tissue reaction or other complications.
- Changes in your walk: A new limp or a reduced ability to walk smoothly.
- Systemic symptoms: In cases of metallosis, some people experience issues that seem unrelated to the hip, like skin rashes, heart problems, cognitive fogginess, or changes in vision or hearing.
Major Hip Implant Recalls and Lawsuits
Over the years, several major medical device companies have faced widespread lawsuits and issued significant recalls for their hip products. As of mid-2025, thousands of these cases are pending in federal courts.
- DePuy Orthopaedics (Johnson & Johnson): Faced massive litigation over its ASR XL and Pinnacle hip systems. The ASR system was recalled globally in 2010 after data revealed alarmingly high five-year failure rates.
- Stryker Orthopaedics: Recalled its Rejuvenate and ABG II modular-neck stems in 2012 due to risks of fretting and corrosion at the neck junction.
- Zimmer Biomet: Faced lawsuits over its Durom Cup, which was temporarily suspended from the market in 2008 due to high failure rates and reports that the cup was not bonding correctly to the bone.
- Smith & Nephew: Withdrew its BHR (Birmingham Hip Resurfacing) system from the U.S. market in 2015 after data showed it had high failure rates, especially in women and in men who required smaller implant sizes.
- Wright Medical: Paid hundreds of millions to settle thousands of lawsuits over its CONSERVE and PROFEMUR metal-on-metal hip systems.
- Exactech: Recalled its Connexion GXL hip liners because of defective packaging that led to early degradation of the plastic, causing it to wear out prematurely and fail.
The Legal Road Ahead: What to Expect
How Thousands of Lawsuits Are Managed: Multidistrict Litigation (MDL)
When thousands of people across the country have been injured by the same product, their lawsuits are usually consolidated into a multidistrict litigation (MDL). This is a special federal court process that transfers similar cases to one judge for all the pretrial steps, like gathering evidence. This makes the process more efficient.
An MDL is not a class-action lawsuit. In an MDL, your case remains yours. Any settlement or award is based on your specific injuries and financial losses.
Bellwether Trials: Setting the Tone
Within an MDL, a small number of representative cases are chosen for trial. These are called bellwether trials. The outcomes of these test cases—whether verdicts for the patient or the company—give both sides a much clearer picture of how juries are likely to view the evidence. Strong outcomes for plaintiffs in these early trials often push manufacturers to offer fair settlements to resolve the remaining thousands of cases.
Deadlines Are Not Suggestions: The Statute of Limitations in Texas
Legal deadlines vary depending on which state you’re in. In Texas, you generally have two years from the date you were injured or discovered your injury to file a product liability lawsuit. This is known as the statute of limitations. However, the clock can be tricky. Sometimes an injury isn’t obvious right away. In those cases, the “discovery rule” may apply, meaning the two-year clock starts when you knew, or reasonably should have known, that the implant was the cause of your problems.
To complicate matters, Texas also has a “statute of repose,” which creates a final deadline. Generally, you cannot file a lawsuit more than 15 years after the product was first sold, regardless of when you were injured. Because these time limits are strict, it is always best to consult with a lawyer to determine the eligibility of your case.
Your State Laws Still Apply
The statute of limitations and other legal standards are usually based on where you live. Even if your case is part of a nationwide MDL, your home state’s legal deadlines and damage laws will likely control the outcome.
Frequently Asked Questions about Hip Replacement Lawsuits
How do I know if I have a case?
The surest way to know is to talk with an attorney who handles these specific types of cases. A free consultation helps you understand your options. We will review your medical history, the type of implant you received, and the problems you are experiencing to determine if you have a valid claim.
What if I don’t know who made my hip implant?
This is very common. Patients are rarely told the brand or model of their device. Our firm helps obtain your medical records, which will include a product identification sticker specifying the exact implant you received.
Is my lawsuit against the doctor or the manufacturer?
In most cases, these lawsuits are filed against the medical device manufacturer, not the surgeon. The issue is typically not the surgeon’s skill but a defect in the product’s design or manufacturing. The company that designed, tested, and sold the device is the one responsible for its safety.
How long will my case take?
The timeline varies. Being part of a large MDL means the process takes time, sometimes several years. However, many cases are resolved through large-scale settlements much faster than they would be if each case went to trial individually. An attorney gives you a clearer expectation based on the specific device involved and the current status of the litigation.
Will I have to go to court?
Most hip replacement lawsuits are settled out of court. Manufacturers typically decide to settle after bellwether trials show them the financial risk of going to trial against thousands of injured patients. While we prepare every case as if it will go to trial, our goal is to secure a fair settlement for you without the need for a courtroom appearance.
Take the Next Step with Ferrer Poirot Feller
You underwent surgery expecting to reclaim your life, not to face more pain and uncertainty. If a defective hip implant has affected your life, you do not have to seek justice alone.
Call us today at (888) 485-8844 for a free and confidential case evaluation.