Hip Replacement Mass Tort Litigation Overview
Hip replacements are meant to restore mobility to individuals with hip injuries. Unfortunately, they sometimes fail because the device itself is defective. A defect in a medical product will likely affect not just one but dozens or even hundreds of consumers. When a number of individuals are hurt by the same defective product, the group can take collective action for their injuries through mass tort litigation. At Anidjar & Levine, we can provide capable representation in these lawsuits. Our Fort Lauderdale hip replacement attorneys are experienced in handling mass tort actions. We have the ability and resources to represent your interests.Hip Replacements
Hip replacements are prosthesis, or artificial parts, that are surgically implanted into a person’s body to replace an injured or damaged joint. The goal of these devices is to restore hip function, increase mobility, and relieve pain. If a hip replacement is defective, however, the device can cause serious damage. Resulting injuries can include:
- Fractures or shattered devices
- Heavy metal poisoning or toxicity if the metal corrodes
- Bone chipping and loss
Recent recalls of hip replacements manufactured by Stryker Orthopaedics and DePuy Orthopaedics raise concerns about the safety of these devices. It usually takes hundreds of reports of injury or malfunction before device manufacturers, like Stryker and DePuy, actually acknowledge there is an issue with their products.Seek Compensation with a Product Liability Claim
When a defective product causes an injury, the victim may file a product liability lawsuit. The victim must generally show that the item was defective, that the defect harmed him or her, and that the defect existed when it left the manufacturer’s possession.
There are three types of product defects. Manufacturing defects occur when a product does not conform to the manufacturer’s own specifications. In other words, there were errors in how the item was made. Design defects happen when the product’s intended design makes it unreasonably dangerous to the consumer. Marketing defects are when the maker fails to warn of a device’s dangers, mislabels the device, or provides insufficient instructions. When you are pursuing a product liability lawsuit, you can establish your claim under a theory of strict liability, negligence, or breach of implied warranty. In a strict liability claim, for example, the defect goes to the presence of an unreasonably dangerous condition. In a negligence action, the presence of a defect determines whether the defendant breached its duty of care.
If a single defective product caused injury to numerous parties, the parties can sue the manufacturer in a mass tort action. Each victim can then benefit from the resources, investigation, and preparation that go into the group’s case.Medical Malpractice
A surgeon who conducts a hip replacement operation that leads to injury may also be liable for his or her medical negligence. Negligence means a person had a duty to act with care, failed to act with the requisite level of care, and injured someone else as a result. In medical malpractice cases, the standard is what a similarly qualified health care provider would exercise under the same circumstances. These claims require expert testimony to determine the appropriate level of care that the defendant should have used. At Anidjar & Levine, we will consult with experts, collect medical documents, and review hospital procedures if you decide to move forward with an action for medical malpractice.Damages
Each victim in a mass tort action can itemize his or her damages. Unlike class actions, a settlement in a mass tort lawsuit will not be divided up evenly among all the injured persons. Instead, each plaintiff can recover for his or her own damages. These can include past and future medical bills, rehabilitative care, pain and suffering, lost income, and other forms of compensation.Hollywood Mass Tort Litigation for Defective Hip Replacements
Anidjar & Levine provides diligent legal representation to ordinary people. Our Hollywood mass tort lawyers will aggressively pursue your right to damages for your injuries. We can conduct an exhaustive investigation into your claim. We will consult with experts, work with other professionals, and aggressively pursue your case if you were harmed by a defective product. For a free initial consultation, call us at (800) 747-FREE or complete our online form today.