Cobalt Chromium Toxicity

Defective Hip Settlements: Do I Have To Take What The Defendants Are Offering?


In the past few months, several large hip manufacturers have announced global settlements programs in an effort to resolve thousands of lawsuits alleging that their hips were defective.  In almost all of these cases, the amounts being offered by the defendants do not reflect the true settlement value of the cases.  However, despite the small amounts being paid, most plaintiffs are settling their cases as part of these settlement program.  In considering a settlement, here are important things to consider.

  • The decision to settle your case is yours and yours alone.  If you have an attorney that is telling you that “you have to settle your case” for an amount that you believe is less than what you deserve, get a second opinion.  When getting a second opinion, try to find an attorney who is active in the litigation and has a large number of cases.  Most plaintiffs’ attorneys would be happy to speak with you free of charge.
  • Understand that in settling large mass hip cases, the defendants really have two points of leverage.  First, because there are thousands of similar cases clogging the courthouse, they can make you wait.  If you decide not to participate in a global settlement program, the only way to get the defendant to pay what your case is worth is to get a trial date.  In most cases, judges are not interested in setting cases for trial until all the other cases have been settled.  This can often take years.  Second, the defendants in these hip cases rely heavily on the fact that many plaintiff’s lawyers who file them do not have the financial resources to try one to a jury.  The defendants know that these attorneys will often pressure their clients to accept settlement that are less than they deserve.
  • Know that you if you do not settle your case, you may have to wait years for a better settlement is offered.  Many plaintiffs, especially those who are older, are not willing to wait.
  • Understand that when a settlement is offered you have to take into account the “deductions.”  In almost all cases, there are three items that will come out of your settlement; attorney’s fees, expenses, and insurance liens.  Make sure your attorney lists all of these deductions out and tells you what your “net settlement” will be before you sign any settlement documents.  The only exception to this advice has to do with “insurance liens.”  Insurance liens constitute the amount that you have to pay to your health insurance company from your settlement for any treatment it paid for that is associated with your defective hip.  Determining the amount of an “insurance lien” requires negotiations with your health insurance company and these negotiations can often take several weeks or months.  You may not know the amount of the lien by the deadline for accepting a settlement.  However, your attorney should be able to determine the maximum amount of the lien be examining your medical bills.
  • Feel free to ask your lawyer questions.  In most hip cases, the injuries suffered by plaintiffs are substantial and once your case is settled, its settled forever.  Make sure your attorney answers every question you have and that you are satisfied with his answers.  If you are not receiving acceptable answers or you lose faith in your lawyer, get a new lawyer.  In most states, the law permits plaintiffs to switch lawyers without paying any additional fees.

If you have any questions or concerns regarding your recalled or defective hip, call Kershaw, Cook & Talley at 888-817-2527 for a free case consultation.

DePuy ASR Settlement – Round 2 Extension


DePuy Pinnacle 2016 Trial Update 39


DePuy Pinnacle 2016 Trial Update: Your Attorney


Hi, this is Stuart Talley. I am the partner here responsible for the DePuy Pinnacle litigation at our firm. The reason I am doing this video is to answer a question many people have asked us over the years.

We get calls many times from people who have cases on file with other lawyers who are seeking information about the litigation, and about what is going on with their case.  It seems that a common problem is people are not getting information about the case, or about the litigation, from their lawyers. We hear people voicing their concern that they’re not able to contact their lawyer. So, I wanted to give some advice on how to deal with that kind of situation.

The first option you should consider is when you call your attorney’s office it’s important that you ask to speak with the attorney directly. Many times paralegals, assistants, or secretaries may not have the kind of in-depth knowledge that you need about your case or about the litigation; ask to speak directly to your attorney. If he or she is not available, ask for their email address. Send them an email. That’s often a very good way to get in touch with your attorney especially on that’s very busy and is often out of the office.

The other option is asking for your attorney’s cell phone number. At my firm, we give all our clients my personal cell phone number and they can reach me when I am traveling or anytime. If you ask for your attorney’s cell phone number at the beginning of the case, they should give it to you. They should be accessible.

If phone calls and emails don’t work, you should send a letter to your attorney explaining that you are not happy with the communication, with the information that’s provided, and you would like more regular updates. Letters almost always get responded to.

Now, if you’ve tried the former suggestions and you’re still not getting a response or getting adequate information, the last resort is that you are always free to fire your attorney. The law in almost every state gives clients the absolute right to change attorneys at any time. If you are not getting information from your attorney and they’re not responding to your inquiries adequately, you can send them a letter indicating you are going to retain a new attorney. Now, almost all states have laws that give clients the absolute right to change attorneys.

Typically, the way it works with fees is that, if you’re on a contingency fee agreement, the new attorney will almost always match the fee agreement of your previous attorney. So, if your previous attorney was charging 40%, the new attorney will charge 40%. This does not mean you have to pay 80%. The laws in almost every state are that if someone changes attorneys the client will not have to pay more in fees. So, the fee will remain the same. The fee will then be divided among your old attorney and new attorney. It will be divided based on the amount of work that each attorney contributed to your case.

If you change attorneys early on in the litigation, and the new attorney takes your case, and works it up and gets it ready for trial (or settlement), that attorney will usually get most of the 40% fee. Conversely, if you change attorneys at the last minute, right before you go to trial, your previous attorney will get most of the fee. It is important to know it will not cost you anything extra. As the client, you have a right to change attorneys. Even if the attorney puts something in their contract that says,  “you’re going to have to pay me a fee even if you fire me”, this is not valid to make you pay more than the agreed-upon percentage.

This is my advice to people who call me and are concerned about their attorneys not responding to them. If you have any other questions or concerns, or you want some more advice on what you can do, feel free to give us a call.

Stay tuned. Opening statements started this morning. We will have more updates  soon.

DePuy Pinnacle 2016 Trial Update 22


Hi, Stuart Talley here to do a quick update on the DePuy Pinnacle trial.  We received word from the Fifth Circuit Court of Appeals (COA)  on various petitions that  DePuy had filed  in an effort to up-end  the current trial that is set  to start opening statements on Monday, October  3rd.

The COA rejected all of DePuy’s arguments and efforts to basically  stay the litigation  pending their appeals.  DePuy made arguments that there was no jurisdiction in the Texas court for people that resided in California. They also made some arguments that consolidating the case  was unfair and the speed at which  the trial was going to commence  was  unfair; that they didn’t have enough time to  get ready. All these  arguments  were denied by the COA and opening statements will begin  as scheduled.

This is  good news for the plaintiffs.  Stay tuned. We will provide regular updates  on how the trial progresses .

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