Because their metal-on-metal hip system failed prematurely, hip implant patients across the country have suffered undue pain and needed to undergo revision surgery. If you or a loved one is among these patients, you may be entitled to significant compensation for your pain and suffering.
Samuel L. Davis, a founding partner of the New Jersey law firm of Davis, Saperstein & Salomon, P.C., is a personal injury and medical products liability lawyer who has several years of experience litigating knee- and hip-replacement cases. He is the founder and chair of the American Association of Justice’s Orthopedic Implant Litigation Group.
If you or a loved one is suffering harmful side effects that you believe are connected to metal-on-metal hip implants, contact our firm today to speak with Mr. Davis or another lawyer from our defective medical products litigation team.
Davis, Saperstein & Salomon, P.C., employs a full-time medical doctor to assist and screen all medical device and pharmaceutical defective drug cases.
You can schedule a free initial consultation with our firm by calling 1-800-LAW-2000 or taking a moment to complete our contact form.
The Problem with Metal-on-Metal Hip Implants
Regulatory agencies across the world, including the U.S. Food and Drug Administration (FDA), have issued warnings about metal-on-metal hip implant systems.
Several studies have shown that these all-metal systems can shed metal fibers and metal ions, causing a variety of medical problems. One condition, called “metallosis,” involves damage of tissue surrounding the implant. Another problem can arise when metal ions (such as cobalt and chromium) enter the bloodstream and cause potentially deadly damage throughout the body.
Many hip implant systems have been withdrawn from the market or recalled, including the:
- DePuy ASR XL Acetabular System
- Smith & Nephew R3 Metal Liners of the R3 Acetabular System
- Zimmer Durom Acetabular Component
There are several ongoing lawsuits against metal-on-metal hip implant system manufacturers. Patients who have been harmed by their implants have several options. They may be able to initiate their own personal injury lawsuit or join class-action lawsuits in state or federal court.
Products Liability Law and Metal-On-Metal Hip Implants
Medical products manufacturers have a legal duty to ensure that medical devices they put on the market are safe and effective when used as intended. They also have a duty to warn the public of the dangers inherent in their product.
Products liability law allows the manufacturers of unsafe hip replacement products to be held accountable to consumers who trusted their doctors in selecting what the surgeons believed were good and safe products.
People who have been injured by defective medical products may need expensive medical treatment, such as revision surgery. They may no longer be able to work, care for themselves independently or enjoy their favorite pastimes.
A product liability lawsuit would seek compensation for these expenses and losses. Such a personal injury lawsuit might assert several claims, including:
- Design defects – The faulty design of the product posed a threat and caused an injury.
- Manufacturing defects – A defect in the product that occurred during manufacturing led to serious physical injuries suffered by those who used the product.
- Failure to warn – The product did not have proper warning labels on the packaging that would inform medical professionals and patients of safety hazards.
A lawsuit could seek compensation for each separate allegation, plus punitive damages, which is compensation awarded to the plaintiffs as a means to punish the defendant.
Different Types of Metal-on-Metal Hip Implant Litigation
In cases where many people have been harmed by the faulty medical product across the country, their claims may be brought together in some fashion. The goal is to promote an efficient and effective resolution of their claims.
One type of large-scale civil proceeding is a class-action lawsuit. In a class-action, numerous plaintiffs join in a single lawsuit. Another type of proceeding is called multi-district litigation. In a MDL, numerous plaintiffs with separate lawsuits have their cases consolidated in the same court for pre-trial matters.
When numerous plaintiffs from across the country take on a major medical device manufacturer, the litigation can become highly complicated. For this reason, it is important to work with an attorney who has experience handling complex “mass torts” cases.
Our Metal-on-Metal Hip Implant Legal Team Can Help You
Davis, Saperstein & Salomon, P.C., assists people from across the United States who have been harmed by defective medical devices, including metal-on-metal hip implant systems.
Contact a metal-on-metal hip implant lawyer from our firm today at 1-800-LAW-2000 or through our contact form. You can schedule a free, no-obligation consultation. If we take on your case, you will pay nothing for our legal services until we secure a recovery for you.