Chattanooga, TN asked in Medical Malpractice for Tennessee

Q: My attorney had me sign for a settlement of $300k on my smith and nephew hip recalls. Not enough.

2006 Birmingham hip resurfacing from Dr. xxx Rome, ga. 4 months later had to switch to full hip replacement. Smith and Nephew metal on metal. Bloodwork resulted in high levels of Chromium and cobalt poisoning. 2018 Dr. xxxx Erlanger hospital Chattanooga tn. put in third hip replacement. next year Meniscus surgery on opposite knee from unequal hips. I called the lawyers above but they only got a $300k. offer. Seems slim. Waiting for 3 months since I signed. I believe I have a medical malpractice and possibly a financial malpractice with the above law firm. I am a very fit 56 year old dealing with this for 15 years. I haven't received any compensation to date. I believe I need a Boutique lawyer to handle this case.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A Tennessee attorney could advise best here, but your question remains open for four weeks. Actually, not just a Tennessee attorney, but your attorney is really the one who holds the answers here. This appears to be a very complex file that involves a number of medical providers, a medical device, and lab services, just at first glance.

You mention signing a settlement. If that document was a release, that could have sealed the deal in terms of agreeing to settlement terms - that's why only your attorney could advise as to the significance of what you signed. No one here could meaningfully tell you what position you are now in as a result of signing the settlement paper(s).

In terms of awaiting compensation, in all fairness to your attorney, a case of this complexity could come with liens and other encumbrances that have to carefully be addressed and reconciled before a check could be issued to client. Again, this is something only your attorney could meaningfully advise on.

That's only my observation based on your brief description. You're free to seek other opinions, as different attorneys could sometimes see the same matter differently. Good luck

Tim Akpinar

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