Protecting Clients’ Future Well-Being After An Accident Or Injury For Over 25 Years

Attorney Erik H. Olson

Hydrogel Spacer Lawsuit Attorney

Q: What is the deadline for filing a hydrogel lawsuit?

The deadline varies by state. It generally begins the moment you discovered (or should have discovered) that the device caused your injury. In some states, this window lasts only one or two years.Because these timelines are strict, contacting a lawyer as soon as you identify a complication is advisable. Missing this window can permanently prevent you from seeking a recovery.

Q: I had a different complication; is my case eligible?

We evaluate cases individually to see if they meet our focus on life-altering harm. Permanent urinary retention or debilitating chronic pain may qualify if they caused a significant loss of quality of life or required major surgery.

Q: How long is the hydrogel spacer supposed to last inside the body?

Hydrogel spacers should stay stable for about three months. After that period, the material gradually liquefies and the body absorbs it naturally within six to twelve months. If you feel effects years later, the product likely failed to absorb correctly. This lingering presence often points to a failure in the device’s design or material composition.

Q: Does a severe complication mean the device was defective, or was it the doctor’s fault?

Often, the device itself is the problem rather than the medical professional. We investigate whether the gel shifted because of its chemical design, which forms the core of a product liability case. We look at the performance of the tool itself to determine who is truly responsible.

Q: Can the lawsuit proceed if I signed an informed consent form?

Yes. Informed consent only covers known, standard risks of a procedure. If a hidden design defect caused your injury or the manufacturer withheld safety data, your signature does not waive your right to sue. We know how to beat these types of legal defenses to protect your rights.

Compensation For Severe Complications

For many men fighting prostate cancer, a hydrogel spacer sounds like a helpful tool to protect the body during radiation. However, what companies promised as a safety measure has turned into a nightmare for some. Instead of protection, patients face life-altering injuries that require emergency surgeries.

At The Olson Law Firm, LLC, our attorney, Erik Olson, brings over 25 years of experience to every case we handle. We represent clients who suffer from these debilitating complications. While our firm works out of Atlanta, Georgia, we fight for victims across the country to hold medical device manufacturers accountable.

Why A Lawsuit Is Necessary

Legal action is often the only way to recover the high costs of a failed rectal spacer. While these devices should protect the rectal wall, frequent adverse events show that many carry risks that the public did not expect.

A hydrogel spacer lawsuit targets device manufacturer liability for design defects rather than blaming your doctor. By filing a claim, you can seek compensation for medical bills, lost wages and the long-term care required after a catastrophic injury.

Identifying Unique And Debilitating Complications

We distinguish between temporary side effects and the severe injuries that warrant a rectal spacer injury claim. We seek cases involving permanent harm, such as:

Rectal wall erosion or perforation: The gel wears through the rectal tissue
Rectal fistula: An abnormal connection or “hole” forms between the rectum and other organs

If you experience chronic pain from hydrogel or have undergone corrective surgery, your situation goes far beyond “mild discomfort.” You can pursue a rectal wall erosion lawsuit or similar claims.

Connecting The Device To The Harm

Proving an implant failure or complication requires a deep dive into your medical history. To build a strong case, we focus on:

Proof of implantation: We verify the specific brand and batch of the spacer through hospital records
Diagnostic confirmation: We use MRIs or CT scans to document the injury
Scientific linking: We partner with medical professionals to show how the device’s movement caused the harm

Our hydrogel complications lawyer looks for proof of migration or infiltration that others might overlook.

Frequently Asked Questions About Hydrogel Spacer Lawsuit

A medical device injury brings up many difficult questions about your health and your legal rights. We provide the following answers to help clarify hydrogel litigation and outline how we can help you move forward.

What is the deadline for filing a hydrogel lawsuit?

Georgia has two separate deadlines that can affect your hydrogel lawsuit, and understanding both is critical to protecting your rights.

Statute of Limitations (Discovery Rule): Generally, you have two years from the date you discovered (or reasonably should have discovered) that the hydrogel device caused your injury to file a product liability lawsuit in Georgia. This doesn’t start when you received the implant—it starts when you connected your symptoms to the device.

Statute of Repose (Absolute Deadline): Georgia law also imposes a 10-year absolute deadline from when the product was first sold (O.C.G.A. § 51-1-11). Even if you just discovered your injury, if the hydrogel product entered the market more than 10 years ago, you may be barred from filing—with very limited exceptions for fraud or willful misconduct by the manufacturer.

Why this matters for hydrogel cases: Many hydrogel complications don’t appear until months or years after implantation. You might be dealing with chronic pain, migration, or the need for removal surgery right now—but your legal deadline could be approaching fast.

The clock may already be ticking. Contact a Georgia hydrogel attorney immediately for a free case evaluation to determine your exact deadlines. Waiting even a few weeks could jeopardize your claim.

I had a different complication; is my case eligible?

Not every hydrogel complication automatically qualifies for a lawsuit, but many serious complications do—and we evaluate every case individually based on the legal merits, not arbitrary criteria.

To have a valid Georgia product liability case, you must prove:

The hydrogel device was defectively designed or manufactured
The defect caused your specific injury
You suffered measurable damages

Complications that often qualify for legal action:

Permanent urinary retention or urinary dysfunction
Chronic, debilitating pelvic or rectal pain
Hydrogel migration requiring surgical removal
Severe infections or inflammatory reactions
Permanent tissue damage or scarring
Need for multiple revision surgeries
Permanent sexual dysfunction
Significant loss of quality of life

Even if your specific complication isn’t listed above, contact us for evaluation. Hydrogel products have caused a wide range of unexpected injuries, and new patterns of failure continue to emerge.

How long is the hydrogel spacer supposed to last inside the body?

According to manufacturer claims, hydrogel spacers like SpaceOAR are supposed to remain stable for approximately three months while serving their protective function during radiation therapy. The material should then gradually liquefy and be naturally absorbed by the body within six to twelve months after implantation.

If you’re experiencing symptoms months or years after this absorption period, something went wrong.

Common signs the hydrogel failed to absorb properly:

Persistent pain or discomfort beyond the expected timeline
Visible gel migration on imaging (CT, MRI, ultrasound)
New symptoms appearing a year or more after implantation
Need for surgical removal of retained hydrogel material

This failure to absorb as designed is evidence of a product defect—either in the hydrogel’s chemical composition, manufacturing process, or the adequacy of testing before it reached the market.

Does a severe complication mean the device was defective, or was it the doctor’s fault?

This is one of the most important questions in hydrogel injury cases, and the answer determines who you can sue and what damages you can recover.

Medical Malpractice (Doctor Error):

Surgeon placed the device incorrectly
Failed to follow proper implantation technique
Didn’t warn you about known risks
Subject to Georgia’s $350,000 non-economic damages cap
Product Liability (Defective Device):

Hydrogel was defectively designed (inherently unstable)

Manufacturing defect in your specific unit
Gel migrated due to its chemical composition, not surgical error
Manufacturer failed to adequately test the product
NOT subject to Georgia’s damages cap (can result in higher compensation)

Often, it’s the device, not the doctor. Even when a surgeon follows the manufacturer’s instructions perfectly, hydrogel products like SpaceOAR can migrate, fail to absorb, or cause severe inflammatory reactions due to inherent design flaws.

Can the lawsuit proceed if I signed an informed consent form?

Yes, absolutely. Signing an informed consent form before your procedure does not prevent you from suing the hydrogel manufacturer for a defective product. This is a critical distinction many patients don’t understand.

Here’s why your consent form doesn’t protect the manufacturer:

Consent covers known procedural risks, not hidden product defects. When you signed the form, you acknowledged risks like infection, bleeding, or temporary discomfort—the standard risks of any medical procedure. You did NOT consent to:

A defectively designed device that migrates abnormally
A product that fails to absorb as promised
Risks the manufacturer knew about but concealed from doctors and patients
Injuries caused by inadequate testing or fraudulent safety data

Your consent was based on incomplete information. If the manufacturer hid dangers or misrepresented the device’s safety profile, neither you nor your doctor could make a truly informed decision.

Georgia law is clear: Product liability claims are separate from medical malpractice. You cannot waive your rights against a manufacturer through a consent form signed with your doctor or hospital.

Manufacturers often raise this defense hoping patients will give up. We know Georgia product liability law and how to overcome these tactics. Your signature doesn’t shield a corporation from accountability for a dangerous product.

What brands of hydrogel are subject to lawsuits?

Multiple hydrogel products have caused serious complications leading to lawsuits, but SpaceOAR Hydrogel (manufactured by Boston Scientific) is currently the subject of the most widespread litigation.

Hydrogel products under legal scrutiny:

SpaceOAR Hydrogel Spacer – Used during prostate cancer radiation therapy; numerous reports of migration, chronic pain, urinary retention, and need for surgical removal

Aquafilling – Cosmetic breast enhancement hydrogel; linked to migration, hardening, and severe inflammatory reactions

Macrolane/ Bio-Alcamid – Body contouring injectables; associated with migration, granulomas, and disfigurement

Other polyacrylamide hydrogel products – Various cosmetic and medical applications with similar failure patterns

If you’re unsure what brand was used, your medical records should list the specific product name, manufacturer, and lot number. We can help you obtain these records and determine whether your device has a documented failure history.

Even if your specific product isn’t listed, contact us. New hydrogel complications and litigation patterns emerge regularly.

How long does a hydrogel lawsuit take in Georgia?

Most hydrogel product liability cases take 18 months to 3 years to resolve, though some settle sooner and complex cases may take longer.

Timeline factors:

Your medical status:If you’re still receiving treatment or may need additional removal surgeries, we may wait until you reach maximum medical improvement to accurately value all damages.

MDL vs. individual case: Many hydrogel cases (especially SpaceOAR) are consolidated in Multidistrict Litigation for efficiency. MDL cases often move through pretrial proceedings together but maintain individual settlement values based on your specific injuries.

Manufacturer’s strategy: Some companies settle proactively when evidence is strong; others fight every case aggressively.

Typical timeline:

Months 1-3: Investigation, medical records, expert review, filing
Months 4-12: Discovery, depositions, expert reports
Months 12-18: Settlement negotiations, mediation
Months 18-24+: Trial preparation if settlement fails

The good news: You don’t pay attorney fees during this process (contingency fee), and we advance all case costs.

Take The First Step Toward Justice

You should not have to pay for a manufacturer’s mistake. If a hydrogel spacer caused you catastrophic harm, we are ready to fight for the compensation you deserve.