Metal-On-Metal Hip Replacement and Manufacturer Negligence
A metal-on-metal hip replacement is a metal ball and a metal socket implanted into a patient’s hip where the natural hip is completely worn out. The metal parts rub against each other and release metal ions into the bloodstream causing an inflammatory response and may cause severe injuries to the patient.
Due to the negative impact injuries resulting from metal-on-metal hip replacements can have on a person and their loved ones, it is very important to contact a Raleigh metal hip replacement lawyer as soon as possible. A qualified attorney can work to fight for a person’s claim to ensure they receive the compensation they deserve due to metal-on-metal hip replacement manufacturer negligence.
Manufacturers and Negligence
There are many different manufacturers involved in the failure of metal-on-metal hip replacements.
DePuy is probably the largest company that manufactures metal-on-metal hip replacements; the ASR has the highest failure rate; the Pinnacle has an MDL that was formed in Texas; Biomet has metal-on-metal hip replacement that is in the news and is subject to a large settlement; Stryker Component Parts were subject to an FDA recall; and there is litigation surrounding the Wright Conserve hip implants.
Manufacturing negligence occurs when a company manufactured a product they knew or should have known was faulty or dangerous. They pushed the product to market anyway, though, and it resulted in costly and unnecessary revision surgery in patients around the country. To demonstrate that there was a manufacturer liability, a person and their attorney needs evidence that the company knew of the dangers that could result from their product, but did nothing to warn the public about the dangers. Manufacturers can also be liable if they were negligent in manufacturing the product and giving it to the patient for implant.
How Lawyers Can Help
Lawyers help clients in manufacturer negligence cases by arguing that the manufacturer of a product did not do adequate testing of the product, that they did not submit accurate information to the FDA, and that they should have been aware of the harms associated with these product through research and development, and was negligent in not doing so.
To establish a manufacturer’s negligence case, a metal-on-metal hip replacement lawyer needs information that the company faltered in its investigation of the product during the trial and investigation, and did not adequately investigate the product before submitting it for trial for FDA approval.
Arguing for Damages
If a patient undergoes a revision surgery, they are entitled to their medical expenses, as well as any pain and suffering associated with the lack of mobility, with pain in the hip, and with the elevated cobalt and chromium levels. In some cases, the revision surgery is never going to be the same as it could have been if the original surgery was done in the correct way and that leads to a permanent injury. These are therefore some measures of damages that a person could seek to recover from on a metal-on-metal hip replacement lawsuit.
