Broken / Fractured Bones
Hip replacement failure can cause fractures at or near the implant site. Fractures and broken bones often require surgery and intense rehabilitation to treat. While some of these devices fail due to wear and tear, others fail because the product itself was inherently defective. The mass tort litigation lawyers at Anidjar & Levine can help you seek compensation for injuries related to a defective hip replacement. We offer comprehensive legal advocacy to injury victims in and around Hollywood, including representation in mass tort actions. If you were harmed by a flawed hip replacement, contact our office today to learn how you can assert your right to damages from the at-fault parties.Broken and Fractured Bones
When a hip replacement system is implanted, the metal component known as the stem is placed in the femur. A ball is attached to the top of the femur, and a cup is attached to the pelvis. These implants are made of a combination of metal, ceramic, and plastic components, but most devices are made of metal-on-metal designs.
When a hip replacement fails, it can loosen or dislocate and cause a fracture. A broken bone that occurs around a hip replacement is called a periprosthetic fracture. A majority of periprosthetic fractures occur around the stem. Some fractures may also occur at the hip socket.
Symptoms of a periprosthetic fracture include:
- An inability to bear weight on the affected leg
- Pain in and around the joint and thigh
- Swelling and bruising at the implant site
A fracture requires corrective surgery and rehabilitation. A surgery can leave a patient with limbs of unequal length, poor fracture healing, and possibly a repeat fracture. Hip replacement failure can also cause metal poisoning, tissue damage, and other complications.Manufacturer Liability for a Hip Replacement Failure
A hip replacement device can fail if it is defective. Manufacturers like DePuy Orthopaedics and Stryker Orthopaedics have recalled their defective devices after patients suffered injuries that included fractures. You can hold a manufacturer liable if you can prove that its defective product is the cause of your injury.
The manufacturer of a defective product can be held accountable under various theories of liability, including strict liability and negligence. A product manufacturer is strictly liable for injuries caused by a defective product if the defect was unreasonably dangerous to the consumer. The plaintiff has to prove that the dangerous product caused his or her injuries and damages. A manufacturer is negligent if it had a duty of care, breached the duty of care (by producing a defective product), and caused injury.
A plaintiff must show that the product was defective to establish liability. A product is defective in one of three ways:
- Manufacturing defect – There was a flaw somewhere along the manufacturing process.
- Design defect – There was a flaw in the product’s actual design.
- Marketing defect – There were inadequate warnings or instructions on how to properly use the product.
If a product causes injury to a number of individuals, the plaintiffs can consolidate their products liability claim into a mass tort action. Since the questions of facts and law are inherently the same for all the plaintiffs, they can benefit from sharing the same resources, experts, and evidence by aggregating their claims into a single action against the manufacturer.Obtaining Damages
If you are a plaintiff in a mass tort action, you can recover compensation from the manufacturer based on your actual damages. Your compensatory damages can include medical expenses related to your injury, such as any hospitalizations, surgeries, pain medications, and physical therapy; any lost income; and pain and suffering. A product liability claim is subject to a statute of limitations in Florida. You must file your claim within four years from when the injury occurred, or you may lose your right to seek damages.Representing Injured Hip Replacement Recipients in Fort Lauderdale
At Anidjar & Levine, we offer capable and aggressive representation to injury victims in South Florida. Our hip replacement attorneys can provide the legal counseling and advocacy you need if you were injured by a dangerous medical device in Fort Lauderdale or any of the surrounding communities. We will investigate the manufacturer, thoroughly review your medical records, and present a strong case on your behalf. Our litigators can negotiate a settlement that is fair for your injuries, and assert your legal rights in court. For a free initial consultation, call us today at (800) 747-FREE. You can also complete our online form.