Failure to Properly Test
Hip replacements can fail because of errors in how they were designed, made, or marketed. A manufacturer’s failure to properly test a device before placing it in the stream of commerce could mean that it is flawed or that it lacks sufficient warnings. At Anidjar & Levine, our defective products lawyers provide seasoned representation to people in Fort Lauderdale and other Florida cities injured by faulty hip implants. We offer dedicated counseling and advocacy in product liability cases, and we can help you pursue the compensation you need to recover.Defective Hip Replacements Can Cause Serious Harm
Hip replacements are medical devices that are regulated by the Food and Drug Administration (FDA). Before being placed on the open market, they must receive regulatory approval from the FDA. This process involves testing and other pre-market measures. Manufacturers must also comply with post-market requirements after their products are made available to the public.
Despite going through a pre-approval process that involves testing, many medical devices end up harming consumers. Certain hip replacement manufacturers have recalled their products after an uptick in hip replacement failures. DePuy Orthopaedics, for example, recalled some of its devices after an increasing number of patients needed revision surgery to remove failed implants.
Signs of hip replacement failure include difficulty walking, swelling, and fractures. Metal-on-metal devices can also cause metal poisoning, which can damage not just the area surrounding the joint, but also distant organs, such as the liver and heart. If your hip replacement failed, it may be the result of a product defect, and the manufacturer may be responsible.Hold Manufacturers Liable for Failing to Properly Test Implants
Manufacturers have a responsibility to consumers to make products that are safe for their intended use. When a company does not take measures to ensure the safety of its devices, it may be liable for injuries that result from them.
A product is defective if there is an error in how it was manufactured, designed, or marketed. A manufacturing error happens when the device deviates from its intended design. A design defect is when the product is made properly, but the design itself is flawed. A marketing defect occurs when warnings about the item are not adequately communicated.
Manufacturers have a duty to design a product with reasonable care, but Florida does not recognize a separate claim for negligent failure to properly test or inspect a product. Instead, the duty to properly test is a subpart of a claim that the item had a design or marketing defect. A manufacturer may be liable for negligence in designing the device or in its marketing. This type of claim requires showing:
- A legal duty to protect others from injury;
- Breach of the duty;
- A causal connection between the breach and the injury; and
- Actual damages.
Manufacturers must take reasonable measures to design a product that is safe for its intended use, and to adequately communicate any possible dangers associated with the use of the device. A failure to properly test an item is relevant to whether the maker was negligent in designing or marketing it. You must also prove that the defective design or failure to warn was the proximate cause of your harm, and that it resulted in damages.
By establishing your claim against a manufacturer, you may be able to recover compensation for your hip replacement injuries. Available types of damages may extend to reimbursement for medical expenses, lost income, and pain and suffering. Florida gives you four years from the date of your injury to file a product liability lawsuit. A knowledgeable injury attorney can also discuss whether you may have a medical malpractice claim against your health care provider.Product Liability Lawyers Asserting the Rights of Injured Hollywood Residents
The product liability attorneys at Anidjar & Levine represent victims of defective hip replacements in Hollywood and other South Florida areas. Our firm consists of seasoned advocates who are adept at handling mass tort actions. We are knowledgeable in product liability law and have assisted numerous clients in their claims against manufacturers of defective devices. If your hip replacement failed, you may be able to hold the maker accountable. We can review the facts of your case and discuss your possible legal options. Call us today for a free initial consultation at (800) 747-FREE, or complete our online form.