People and companies who manufacture, distribute, market, and sell products, are obligated to make sure that the product is safe for use as directed and are in no way dangerous to the consumer. If a medical device is defective or later found harmful or dangerous and someone is injured, those same people involved in creating and distributing that product may be held liable for the injury incurred. If this sounds like your circumstances, contact our Louisville defective medical device attorneys for a free case evaluation today.
The injured party should always seek reputable counsel to help with their legal claim- especially when up against government entities or major hospitals. A Louisville personal injury law firm like Meinhart, Smith & Manning, PLLC with a proven track record of successfully litigating product liability lawsuits, will be able to help them get the compensation they deserve.
Most innovative products that are approved for consumer use are safe. Millions of people have an improved quality of life each day because of these products. However, some products make it to market that weren’t researched or tested well enough. These products have the potential to be dangerous and can seriously injure people.
Many cases involving product liability are because of a defective medical device. Hip replacement devices such as the Stryker hip implant, DePuy hip implant, and Biomet hip replacements have been the subject of multiple lawsuits. These devices were supposed to improve people’s lives but caused suffering instead.
Other products and medical devices previously found dangerous include:
These are examples of medical devices, but any device has the potential to be dangerous.
The settlement involves more than 500 plaintiffs who had to undergo revision surgery after getting a “metal on metal” style hip replacement. A further group of plaintiffs Revision surgery means the implant must be removed or replaced. The root issue in the Biomet case, and with other hip replacements of the same type, is that the metal wears inappropriately, releasing toxic chromium into the bloodstream. They can also break into shards, pushing small slivers of metal into the surrounding tissues. Even when there is no structural damage, the metal joints can corrode, releasing cobalt and chromium.
Hip replacement surgery is a big deal. Besides the usual risks that come with surgery (infection, complications), there’s the recovery time – three or four days in the hospital and three to six weeks until full mobility. Even then, the artificial hip can’t accommodate the full stresses natural hip joints bear. Patients are cautioned against high-impact activities, such as jogging or tennis. It’s worse for those who are overweight – each additional pound of body weight adds three pounds to the force the joint must handle.
A patient could spend more than half a year unable to work while they recovered from the medical issues.
Consumer Reports conducted an investigation by interviewing patients and doctors, analyzing medical research, and analyzing a device-safety database maintained by the Food and Drug Administration (FDA). The investigation concluded that:
The National Academy of Medicine published a report calling for the FDA to:
Patients need to be their own advocates. If you are facing surgery that requires the use of a medical device, find out exactly what device the doctor is planning on using. Conduct your own research on the product to find out if there are any issues with it. Visit the FDA website and search for the device on their site to read about any complaints, warnings, or recalls. Discuss the pros and cons, and potential risks of the device with your doctor.
If you already have a device implanted in your body and fear that it may be dangerous or suffered serious post-surgery complications, contact an attorney to find out what you can do to protect yourself. The Louisville personal injury law firm of Meinhart, Smith & Manning, PLLC has experience helping people determine if they have a dangerous device product liability claim. It’s important to hold accountable the companies who put profits over people by rushing these dangerous devices to market. A free consultation with compassionate legal representation is only a phone call away.