Hip replacements can fail if they are improperly designed. At Anidjar & Levine, we represent individuals who were hurt by flawed medical devices. Our defective products lawyers provide comprehensive representation to residents of Hollywood and surrounding communities in injury claims based on faulty hip implants. We have the experience and resources to help you hold a manufacturer accountable for your harm. Contact us to discuss how we can help.Hip Replacement Defects
A hip replacement is a prosthetic medical device that is surgically implanted after a damaged or injured joint is removed. These implants are comprised of an artificial hip ball, a hip socket, and a femoral hip stem. The materials used to make these components are a combination of ceramic, plastic, and metal.
While hip implants may need to be replaced eventually, many poorly designed devices can lead to premature hip replacement failure. DePuy Orthopaedics, for example, recalled some of its metal-on-metal products after patients experienced failure much sooner than expected.
When a hip replacement fails, a flaw in its design or manufacture is usually the cause. For instance, an overly shallow socket component can prevent proper implantation of a device and cause tissue damage, dislocation, and metal poisoning. In these cases, the hip replacement’s manufacturer may be responsible for the harm caused by its poorly designed product.Hold a Manufacturer Accountable for a Flawed Design
If you have a hip replacement and it fails, you may have a claim for damages against the maker of the device. Manufacturers often can be held liable for injuries caused by their defective products. You can file a product liability claim against the maker of a hip replacement and try to prove that:
- The product was defective;
- The defect caused your injury; and
- You suffered damages.
A product may be faulty in the way it was manufactured or marketed, but it may also have a design defect. This means that the item was manufactured just as it was intended to be, but that the very design is flawed. Under a claim based on strict liability, for example, you would have to demonstrate that the product was defective when it reached you, with no substantial change from the time it left the manufacturer’s control, and that the design made it unreasonably dangerous. This can be shown if the item’s inherent dangers exceed an ordinary consumer’s expectations, or the risk of harm associated with the product outweighs its benefits.
You may also have a claim based on negligence or breach of warranty. If you pursue this type of lawsuit, you would have to show how the design was defective, and you might have to demonstrate that the manufacturer had a safer alternative available to it. The alternative must be economically feasible for the maker to produce, and it must serve the purpose of the original product.
Once you establish that a device had a design defect, you have to show that it caused your injuries. In other words, there must be a clear causal link between the faulty product and your harm for the manufacturer to be liable. You must also have actual losses or damages associated with your injury. Examples of quantifiable damages for defectively designed hip replacements include revision surgery and hospital bills.
Design flaws typically affect the entire model line, not just a limited amount of products. Since they can harm a large number of consumers, recipients of a defectively designed hip implant may join a mass tort action to pursue a claim against the manufacturer.
If you can prove the defendant’s liability, you can possibly recover damages related to your failed hip replacement device. Types of compensation that may be available include medical expenses, the cost of revision surgery, lost income, pain and suffering, and more. Florida requires you to file your lawsuit within four years from when the injury occurred.Fort Lauderdale Lawyers Skilled in Product Liability Claims
Anidjar & Levine offers seasoned counseling and advocacy in hip replacement mass tort litigation throughout the Fort Lauderdale area. Our product liability attorneys tenaciously pursue injury claims against negligent manufacturers. If your hip replacement device failed, we can investigate your case, consult with experts, and assert your right to damages against any entity responsible for your harm. Call our office at (800) 747-FREE for an initial consultation at no cost to you. You can also complete our online form. We serve clients in Miami-Dade County and Broward County, as well as other regions of South Florida.