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Jury Awards $1.3 Million In Hip Replacement Surgery Case

Failed hip replacement surgery can cause severe pain, serious injuries, physical impairment, mental anguish, and the need for additional surgery. A failed surgery, whether caused by medical negligence or a defective product, can deprive a patient of the relief that is supposed to come with the procedure. Regardless, of the cause of negligence, a victim can file a medical malpractice lawsuit. Any restitution might help with the financial burdens — both current and future — that arise in the aftermath of a botched surgical. But, such claims take significant time and resources to investigate and litigate. Pre-settlement lawsuit funding may be the solution to withstand the lengthy process until just compensation can be received.

In July 2010, a 58-year-old woman suffering from osteoarthritis required a total hip replacement. Surgery to insert a prosthetic hip joint was intended to relieve her chronic pain, but she said the pain actually increased after the procedure. Fourteen months later, she underwent a second surgery to correct the problem.

The woman filed a lawsuit stating that although there was substantial relief after the second surgery, she will suffer long-term effects from mistakes made during the first procedure. She alleged that the first surgeon performed an improper insertion of the prosthesis, and claimed that her pain was due to his negligence. The surgeon blamed the manufacturer, however the jury did not agree and awarded the woman $1.3 million in damages, including $850,000 for past pain and suffering, $400,000 for future pain and suffering and $50,000 to her husband. In 2012, the manufacturer did recall two of the hip replacement components used in the first procedure, but the plaintiff’s attorney asserted that it did not depart from prevailing standards of care.

This case is an example where pre-settlement lawsuit funding may have helped. As a pioneer in the legal finance industry, Lawsuit Financial understands that the lack of financial resources can force a good case into a premature settlement. With a lawsuit cash advance, plaintiffs can pay their necessary expenses without credit risks or monthly payments. We assume all the risks, so the cash advance is only repaid if our client wins or settles the case. If the case is lost, the repayment is waived; no debt is ever created.

If you need a lawsuit cash advance on your future settlement, complete our online application. One of our experienced representatives will contact your attorney to start the process. We typically can make a funding decision within 24 – 48 hours of receiving the necessary paperwork from your attorney. The cash advance can be sent via overnight mail or direct deposit. To learn more about lawsuit funding or see if your case qualifies, contact Lawsuit Financial.