Legally defined, a defective product is one which, even when used in the intended way, results in injury or death of a person due to a defect in design, application, manufacturing or faulty labeling. Statistics of defective consumer products in the United States are breathtaking. Roughly 22,000 deaths and over 29 million people suffer injuries annually, a high percentage of which are due to defective medical devices.
Hip and knee replacements are generally expected to last for about 15 years. Some may last longer, while others may call for a revision surgery earlier. Wear and tear as well as the pressure on the artificial joints are some of the most important factors affecting the longevity of implants.
Hip Replacements. The estimated number of people receiving hip implants in the Unites States yearly is 310,000. The high cost of hip implants, ranging between $20,000 and $50,000, make it a profitable business for the manufacturing firms. The history of repeated recalls establishes that the negligence of manufacturers is a risk to many individuals.
Zimmer Holdings Inc., the leading manufacturer of orthopedic devices in the US, launched its hip replacement hardware in 2006. The Zimmer Durom Cup was surgically implanted in 2,000 patients, before high failure rates were reported. In 2008, Zimmer was forced to modify its Durom Hip Cup. Initially, Zimmer put blame on surgeons for incorrect implanting procedures and launched instructional programs for guiding them. Nevertheless, the problems persisted, leading to an unacceptably high failure rate of 11.1% and numerous revision surgeries. Lawsuits have prompted the manufacturers to set aside $150 million for Zimmer hip replacement settlements.
Zimmer hip replacement Durom Cups failed due to lack of bony ingrowth which was required for securing the cup position from the hip bone to the back of the cup. As a result, the cup was coming loose and/or popping out and away from the hip socket causing severe damage to the pelvic bone and unbearable suffering to the patients. If you or your loved ones have faced such conditions, you have valid rights to claim compensation from Zimmer. Eisenberg Law Offices’skillful personal injury attorneys are ready to serve you in claiming the compensation you rightfully deserve.
Knee Replacements. Another major orthopedic devices manufacturer DePuy Orthopedics(Johnson & Johnson subsidiary) has endured several knee implant recalls for various reasons. In 2001, knee implant Hylamer liners were recalled due to improper sterilization procedures, which made the implant brittle and prone to breaking. In 2008, LCS Knee Orthopedic Knee Implant – mensical bearing insert was recalled due to improper labeling. And in 2009, DePuy recalled the LSC Duofix Femoral Component as increased revision rates were identified.
If you are experiencing loosening and instability, swelling, pain or heat/warmth in the knee beyond your normal DePuy knee implant surgery recovery period, you have a valid reason for concern. Do not delay contacting your doctor and a reliable lawyer to assist you in obtaining compensation for your emotional and physical sufferings. In such difficult situations, you can always rely on the professional help of Eisenberg Law Offices personal injury attorneys.
Handling Your Case
If you or anyone you know has suffered because of a defective medical device implant, you may be eligible to seek compensation for the pain, emotional distress, medical expenses and lost income.
Plaintiffs in medical device injury claims can request two types of damages: compensatory and punitive. Compensatory damages are awarded to cover the actual damages suffered by the injured person, which may include monetary, pain and emotional losses. Punitive damages, on the other hand, are intended to punish the designers or manufacturers of a medical device for malicious or intentionally reckless behavior and prevent them from committing similar mistakes in the future.
Eisenberg Law Offices personal injury attorneys advise you to be extremely careful in handling your case, as manufacturers and their insurers often use every available means to fight your claims for compensation. In order to protect your legal rights, you should not sign any documents a medical devise manufacturing company provides and refrain from handing over your medical records, without consulting your personal injury attorney first. Do not let the manufacturers take advantage of you – enlist the professional help of our Wisconsin personal injury attorneys. Call us for a free consultation at your earliest convenience so we can save you from further stress and aggravation.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356