I had a total hipreplacement done. Zimmer has recalled. have to do hip replacement again. what would be a good settlement amoun

I had a total hip replacement done and Zimmer has had a recall. I am going to have to have hip replacement done again. They said they would offer me settlement amount if I didn't get a lawyer but I don't know what I sould ask for. Could u help me out and tell me a ball park dollar amount for this
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Answers (2)

Dennis Michael Phillips

Dennis Michael Phillips

Contributor Level 7
Just like most legal questions, the answer is "it depends". Defective products manufacturers are strictly liable for your damages; and damages are unique to every person. You need to quantify the effects on the following elements of damages that you have personally suffered that were caused by the defective product:

Past medical expenses (expect that your insurance and/or Medicare are entitled to reimbursement)
Future expected medical expenses
Lost wages to date
Scarring, disfigurement
Future diminished earnings capacity
Past pain and suffering (meaning up until now)
Future expected pain and suffering
Past mental anguish (depression, anxiety, fear of re-injury, etc.)
Future expected mental anguish
Past and future loss of the capacity for the enjoyment of life (inability to pursue hobbies, activities, etc.).

You see, it's personal to you. For instance, a sprained ankle is a mere annoyance to me; but to a ballerina, it could be devastating. If you have more questions, please email me directly at dphillips@inawreck.com.
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Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
You may wish to review some of the Legal Guides I have published on A v v o.com. One of them concerns the various elements of personal injury damages. You should be cautious in attempting to negotiate a figure before you have actually had the hip replacement. You cannot accurately foretell the consequences of the replacement surgery, but, if you negotiate an amount with Zimmer before the surgery, they will ask you to give them a full and complete release, which would prevent you from going back against Zimmer should there be any unexpected adverse consequences during or after your surgery. I would suggest that you contact a personal injury attorney in your area before making any final decisions.
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