Getting involved in a shoulder replacement lawsuit can be stressful for both the parties involved. It will not only take more of their time but will also prove costly. For this reason, the defendant may want to settle the case outside of court. According to the website of Williams Kherkher, correcting the damage caused by a poorly designed shoulder replacement device entails huge expenses on the part of the patient.
When the parties involved in a shoulder replacement lawsuit agree to a settlement, there are various factors that the court will look at in awarding an amount to the plaintiff. Any dollar amount will depend on the unique factors of each case. One of the factors that the court will look at is the type of shoulder injury. Depending on the degree of severity, the value of the settlement amount will depend on the location such as in the tendons, muscles, or ligaments. There are two medical categories that will affect the dollar value of the case. The first one is instability which brings pain when raising the arm or a feeling of the shoulder slipping out of place.
The second medical category is impingement which is caused by repetitive overhead arm movements. The case will also depend on how each party value the case if ever the case goes to trial. The court will also look at how each party might be willing to agree upon in order to settle the case prior to trial. Coming up with an accurate settlement amount may also prove to be difficult. Damages such as medical bills and lost wages are easier to value because they are concrete. In the case of pain and suffering, predicting the value is best at an educated guess which could be based on similar shoulder injury cases in the past. The effect of the injury on the plaintiff is also key to determining the settlement amount.
Patients diagnosed with diseases that cause severe joint pain and damage lead lives heavily impacted by their condition. Any type of severe joint dysfunction can cause extreme pain and very limited mobility. This is why, in such cases, many doctors encourage their patients to undergo joint replacement surgery. By replacing the damaged joint with an artificial implant, a patient suffering from joint dysfunction is expected to recover proper range of movement after a short period of recovery.
Unfortunately, joint replacement surgeries aren’t always foolproof. While all surgical procedure involves some amount of risk, joint replacement surgeries can become especially dangerous due to use of implants that are later found to be defective. Implants manufactured by top pharmaceutical companies have been found to cause serious side-effects like metal toxicity, as well as additional bone and tissue damage. A defective implant can also easily become dislodged or dislocated, and having such errors fixed requires a patient to undergo another risky surgery.
Patients that have suffered damaged due to defective joint implants have the option to pursue legal action against the manufacturers of the pharmaceutical product in question. In fact, just a year ago, several plaintiffs have been awarded with multi-million verdicts in individual cases filed in several different states. If you have suffered from the severe side-effects caused by defective joint implants, you might have the option to contribute to these class action suits and get the justice you deserve.
If you believe that your joint dysfunction has gotten significantly worse after undergoing a joint replacement surgery, visit your physician to get a confirmation of the damage and receive treatment right away. After you’ve recovered, you might then want to pursue legal action against the pharmaceutical company responsible for the defective implant used during your surgery. Consult with a shoulder replacement lawyer to learn more about your available options.