subject: Can My Hip Replacement Lawyer File a Lawsuit If There is No Manufacturer's Recall? [print this page] Can My Hip Replacement Lawyer File a Lawsuit If There is No Manufacturer's Recall?
Yes. Whether or not the manufacturer has recalled the hip implant, your hip replacement lawyer can file a product liability lawsuit for you. This is how many class action lawsuits begin, in fact. As an implant recipient, you expect the implant to function properly, restore mobility without pain or limitations and be problem-free for the rest of your life. However, with failure rates running at 12 percent within five years of implantation, twice the average rate for hip implants, it is clear that DePuy ASR Systems are defective.
In cases involving defective medical devices, one of the following causes the defect:
A Warning Defect
A device is made and designed correctly, but the manufacturer is aware of potential dangers and fails to warn doctors and patients about the dangers. This can result in a Failure to Warn or warning defect and potential litigation.
A Design Defect
A medical device that is manufactured correctly, but puts patients at risk for injury or death due to a defective design. This can lead to grounds for a lawsuit.
A Manufacturing Defect
If the design of a device is safe, but the device is not manufactured according to product specifications, this can lead to manufacturing defects, which injure and kill patients.
In this case, there is strong evidence that one or more of these defects apply to the DePuy ASR Acetabular Systems or the DePuy ASR Hip Resurfacing Systems voluntarily recalled by Johnson & Johnson, parent company of DePuy. Patients who have had one of these devices implanted are reporting many different health problems including these:
Severe pain
Limited range of movement and mobility
Loosened implants that cause infections and bone erosion
Swelling
Pseudotumors and other serious conditions due to metal flakes in the bloodstream from deteriorating implants
Cobalt poisoning from a leaking implant
Other health issues
Many implant patients have no choice but to undergo painful and debilitating revision surgery, a second surgery to remove the defective implant and replace it with another.
Your hip replacement lawyer can clearly explain that whether a manufacturer has issued a recall of a defective product or not, it still can be held liable for damages.
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