Hip replacement manufacturers have recalled many faulty devices over the years due to a rise in the number of injuries caused by them. The defects, particularly in metal-on-metal implants, can cause significant physical damage to their recipients. One indicator of hip replacement failure is difficulty walking. The skilled product liability attorneys at Anidjar & Levine represent individuals throughout the Fort Lauderdale area who have been injured by defective medical devices. Our experienced attorneys can help assert your claim to damages from the manufacturer of a flawed hip replacement that harmed you.Faulty Hip Replacements Can Cause Difficulty Walking
A hip replacement device is supposed to improve a person’s mobility and relieve pain, but many faulty devices have the opposite effect. Hip replacements replace a hip joint with a prosthetic ball, cup, and stem that is connected to the femur. While plastic and ceramic are sometimes used for these parts, a number of implants are made of metal-on-metal components.
A defective hip replacement can cause damage in and around the joint that makes it difficult for a recipient to walk. A person may:
- Have difficulty bearing weight on the leg;
- Suffer from chronic pain;
- Experience swelling and inflammation at the joint; or
- Endure bone loss or tissue damage.
Faulty hip replacements usually require surgery to correct or replace the device and physical therapy to resume mobility. Additional medical care and treatment may become necessary if the replacement has caused a fracture or if it has damaged other organs, which can occur in cases of metal poisoning.Hold a Manufacturer Accountable for Your Injuries
The maker of a defective medical device can be held accountable for harm caused by its product. You can bring a product liability claim against the manufacturer and possibly recover damages if you were injured by a faulty hip replacement.
To prove a manufacturer’s liability, a victim has to show that its product was defective and caused injury. A defective product will have a flaw somewhere along its manufacturing or design process, or in its marketing, such as a lack of instructions on its proper use. The nature and extent of the defect will help demonstrate the legal theory of liability that forms the basis of a claim. For example, a manufacturer may be strictly liable if a defect in an item that it made poses an unreasonable risk to its users, and if it was defective when it left the maker’s control.
A plaintiff may need to show that a company breached its duty of care in the manufacture or design of a product if the claim is based on negligence. The defective product must also have directly caused the injury, which means that there must be a proximate link between the defective product and the harm suffered by the victim. A manufacturer may argue that another factor, such as a doctor’s negligence, actually resulted in the injury.
When a product hurts numerous consumers, they can take legal action through a mass tort lawsuit. This allows individuals who were injured by the same device to consolidate their claims against a manufacturer. Since the victims share the same underlying facts and legal issues, they can use the same information, evidence, and resources in order to assert their rights more effectively.
In mass tort actions, each person can recover for his or her own individual damages. These can potentially include compensation for current and future medical expenses, lost income, pain and suffering, and other types of harm. Florida gives individuals who were hurt by a faulty product four years to file a claim against the manufacturer.Consult a Hollywood Attorney for Your Product Liability Claim
The defective product lawyers at Anidjar & Levine can help you seek compensation if you were harmed near Hollywood by a flawed hip replacement. Our attorneys have significant experience handling complex injury claims in South Florida. We will provide the aggressive representation you need in a mass tort action against the manufacturer of a defective product. Call us at (800) 747-FREE, or contact us via our online form for a free consultation.