Failure to Warn
Manufacturers are responsible for adequately communicating any risks associated with their products. A hip replacement patient may be unaware of the dangers involved in an implant because the maker did not make them known to the recipient or the medical provider. The product liability lawyers at Anidjar & Levine can assist you in pursuing a claim against a manufacturer in the Hollywood area if its failure to warn of the dangers associated with its device harmed you. We offer capable representation to individuals injured by failed hip implants. Contact our office today to learn more.How Hip Implants Fail
A hip replacement is an artificial device that replaces a damaged joint. A patient’s medical provider may recommend it based on the individual’s age, health, and lifestyle. Once the device is chosen, it is surgically implanted into the patient.
Hip replacements are meant to be durable and offer long-lasting pain relief and mobility. Unfortunately, some devices fail and result in serious injury to their recipients. Hip implant failure can cause:
- Swelling at the implant site
- Damage to nearby ligaments, nerves, and muscles
- Implant dislocation and fractures
- Metal poisoning
Several manufacturers have recalled their devices because of an increase in the number of premature hip replacement failures. In some cases, these companies were made aware of issues with their products but nevertheless failed to warn patients of their possible dangers.Seek Damages from Manufacturers who Provided Inadequate Warnings
Companies that make medical devices must warn users of the possible risks associated with their products. If a manufacturer does not provide adequate warnings, it may be held accountable for injuries caused to consumers. You can bring a product liability claim against the maker of a hip replacement if its failure to warn of the device’s dangers led to your harm.
A lawsuit based on a manufacturer’s failure to warn can use either a theory of strict liability or a theory of negligence. To prove that a defendant is strictly liable, you must show that it:
- Manufactured the product at issue;
- Failed to provide adequate warning of a particular risk that it knew or should have known about in light of the scientific and medical knowledge available when the product was manufactured and distributed; and
- Caused your injuries.
If your case is based on negligence, you must show that the manufacturer failed to use the care that a reasonably prudent manufacturer would have used to warn about its product’s dangers. As in strict liability cases, you must show a close connection between the failure to warn and your injury.
A manufacturer may try to discharge its duty to warn by arguing that it communicated the risks associated with its device to your health care provider. The causal link in a product liability claim may be broken if a physician received adequate notice of a medical device’s dangers. It then becomes a question of law as to whether the warning was adequate.
Hip replacement failures can require surgery, physical therapy, and substantial time to heal. You can potentially recover damages for your injuries by proving the manufacturer’s liability. You may be able to obtain compensation for your medical bills, lost wages, pain and suffering, and more. You have four years to file a Florida product liability case, which begins to accrue on the date of the injury.
You may also have a claim against your health care provider. Florida medical malpractice lawsuits have a two-year statute of limitations. An attorney with experience handling product liability and medical negligence claims can help determine all of the parties who may be accountable for your injuries.Seasoned Representation for Defective Products Lawsuits in Fort Lauderdale
At Anidjar & Levine, we provide clients in Fort Lauderdale and other South Florida cities with capable and tenacious representation in hip replacement mass tort litigation. Our product liability attorneys can review your case and discuss whether you have a viable claim against the manufacturer of a defective hip implant. We provide our clients with tenacious representation and advocacy. If you suffered from a hip replacement failure near West Palm Beach or Miami-Dade County, call us today at (800) 747-FREE. You can also fill out our online form to set up a free initial consultation.