Serving Ft. Lauderdale Residents Injured by Defective Medical Devices
Recalls often happen only after numerous individuals are injured by a defective product. Manufacturers may not reveal when consumers actually started reporting incidents or complications until the problem with a given product is more troubling than first expected. The hip replacement lawyers at Anidjar & Levine can help you hold these manufacturers accountable if you have been injured by a dangerous medical device. Our seasoned team of litigators provides comprehensive representation in personal injury and mass tort litigation.
Hip Replacement Recalls
Hip replacement is one of the most commonly performed joint replacement procedures, according to the Centers for Disease Control. Each year, hundreds of thousands of hip joints are replaced in an effort to restore mobility and eliminate discomfort in people with damaged hips. Some of these replacements are successful, while others fail due to faulty or defective devices.
The Food and Drug Administration (FDA) regulates medical devices sold in the United States. The FDA requires manufacturers, importers, and device user facilities, such as hospitals, to report incidents of device-related injury or death. The FDA will recall any medical device that poses a danger to the general public. Unfortunately, many individuals are often already harmed by the time the FDA issues a product recall.
Makers of hip replacements will sometimes voluntarily recall a product if they have received enough reports of injuries. However, manufacturers usually take incremental steps toward a recall even if there are various reports of product-related harm. When Stryker Orthopaedics began receiving reports of injuries related to one of their devices, for example, the company first told doctors that it could cause corrosion or fretting. It then recalled the product in Canada and only later issued a recall in this country.
Holding a Manufacturer Accountable for Product Defects
A manufacturer is legally responsible for any injuries caused by a defect in its products. Under product liability law, a victim can hold a manufacturer liable if:
- The manufacturer’s product was defective;
- The defect injured the plaintiff; and
- The product was defective when it left the manufacturer’s control.
A product is defective if there was an error in its manufacture, design, or marketing. A manufacturing defect happens when there was a mistake in the actual manufacture of the product. A design defect occurs when the product is flawed by design from the outset. An injured person may have to show that a cost-effective alternative could have prevented the injury. A marketing defect occurs when the manufacturer mislabeled or failed to provide adequate warning of the product’s inherent dangers.
If a person was injured by a defective product in Florida, he or she can bring a claim under a theory of strict liability, breach of implied warranty of merchantability, or negligence. Each requires the victim to show that the product was defective. For example, the manufacturer can be held accountable if the victim can prove that a manufacturing, design, or marketing defect made the product unreasonably dangerous. The manufacturer may be liable for a breach of the implied warranty of merchantability if the defect made the product unfit for its intended use.
Defective hip replacement products can cause the same type of injuries to a vast number of individuals. If a dangerous product is recalled, people who were hurt can seek compensation through a mass tort action. This type of lawsuit occurs when numerous cases are brought before a single court. This provides an efficient means for victims to gather and share evidence, expert testimony, and other information.
If a mass tort action succeeds, each injured person can receive compensation for his or her actual damages. These may include compensation for his or her current and future medical expenses, physical therapy and any other rehabilitative care, lost income, and more.
Fort Lauderdale Representation in Mass Tort Litigation
The mass tort attorneys at Anidjar & Levine have offered comprehensive representation to countless victims. If you were harmed by a recalled hip replacement, we have the resources and capabilities to investigate your case and assert your rights. We can aggressively pursue your claim for compensation against a manufacturer if you were hurt by a defect in its product. Call us today at 800-747-3733 or contact us online for a no-obligation consultation.