Dedicated Defective Products Lawyers Serving Fort Lauderdale
A person with a hip replacement may need revision surgery if a defect in the device causes it to fail. If you are in this position because your prosthetic joint was flawed, you may have a claim for damages against its manufacturer. The seasoned defective products lawyers at Anidjar & Levine provide dedicated and knowledgeable representation to Fort Lauderdale residents injured by faulty hip replacements.
Hip Replacement and Revision Surgery
Revision surgery is an operation to replace an existing, but worn-out or malfunctioning, hip replacement device. Individuals with diseased or damaged joints often benefit from having them replaced with artificial devices. During hip replacement surgery, the damaged parts of the joint are removed and substituted with a prosthetic ball-and-socket joint. Normal wear-and-tear of the device often requires revision surgery, but sometimes a person may need an additional procedure because the product is faulty. Metal-on-metal implants, for instance, can release metal particles into the area around the implant, and cause bone and tissue death.
Revision surgery is lengthy and complex. A surgeon may need to reconstruct the bone with grafts, screws, and plates before implanting the new device. Recovery usually involves weeks of restricted movement, the use of a brace or splint, and physical therapy.
This procedure also carries a higher risk of complications than the original hip replacement surgery. Bone damage from the original device’s failure can cause the new implant to migrate or the bone to fracture. In some cases, a person may need more than one revision surgery.
Hold a Manufacturer Liable for a Flawed Medical Device
If a hip replacement fails, you may have a product liability claim against the manufacturer if it caused you harm. Companies that provide medical devices for consumers have an obligation to make and sell items that are safe for their intended use. If a manufacturer produces a product that is defective, it can be held accountable for any injuries that ensue.
To hold a manufacturer liable, you must show that the product is defective. The three types of flaws that usually give rise to these claims are:
- Marketing defects – A product manufacturer may be liable if an item lacks the appropriate warnings or instructions, and the failure to warn causes injury to the user. The danger posed by the lack of the warning must be reasonably foreseeable.
- Manufacturing defects – A company is legally responsible for defects that occur in the manufacture of its product. These may happen when a product is designed appropriately, but there was an error in the process of making it. For example, a manufacturing error can occur if an item was produced too quickly or without the proper safety measures.
- Design defects – A manufacturer can be held liable for design defects in its product. A device with a design defect is manufactured according to its intended specifications, but the design itself was flawed. A victim has to show that a safer alternative design was available and economically feasible for the manufacturer.
If a particular hip replacement model is defective, it can injure hundreds or even thousands of recipients. The victims can combine their claims in a mass tort action against the manufacturer. This allows them to share evidence and resources to bolster their claim that the manufacturer is liable for their injuries.
You can seek damages for a failed medical device. Depending on your situation, you may be able to obtain compensation for any revision surgery you may need in addition to rehabilitation, lost income, pain and suffering, and other damages. You have four years to file a claim in Florida, or you risk losing your right to compensation.
Experienced Product Liability Attorneys
At Anidjar & Levine, we understand the complexity of mass tort actions. If your hip replacement failed and caused you harm, our product liability attorneys can assert your claim for damages against the manufacturer. We are experienced injury lawyers who have provided residents of Hollywood and other Florida communities with the aggressive representation they need to seek the compensation that they deserve. Call us at 800-747-3733 or complete our online form to schedule a free consultation today.
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