Products Liability

Products liability refers to any or all parties in the manufacturing process being held responsible for placing a defective product into consumers’ hands. Potentially liable parties include the product manufacturer, a manufacturer of component parts, the wholesaler, and the retailer that sold the product.

There is no federal products liability statute. However many states have enacted comprehensive products liability laws. Typically, products liability claims are based on state laws and brought under theories of negligence, strict liability or breach of warranty. In addition, a set of commercial statutes in each state, modeled after the Uniform Commercial Code (UCC), contains warranty rules affecting product liability.

In order to have a product liability claim, the product must be shown to be defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects and marketing defects. Design defects exist before the product is manufactured. Manufacturing defects occur during the construction or production of the item. Marketing defects are improper instructions and failure to warn consumers of dangers in the product.

Products liability actions are often complex and require the assistance of an experienced attorney. Attorneys of The Health Law Firm represent patients against the manufacturers of defective medical devices. To date, these have been primarily patients with defective hip implants, especially metal-on-metal hip implants.

Orthopedic Implant Litigation

Total or partial joint replacement can reduce or eliminate pain and disability in many patients. Joint replacement can provide the additional benefit of reducing or eliminating the need for analgesic or anti-inflammatory drugs and their related side effects. Recent statistics indicate that more than 500,000 Americans undergo joint replacement surgery every year.

In an effort to capitalize on a lucrative and expanding market, manufacturers seemed to have rushed certain orthopedic products to the market without adequate testing. Some have also made business decisions to keep old or obsolete products on the market when safer and better products become available. In many instances, patients and their doctors were not informed of risks or misled by aggressive, sophisticated marketing. Patients have not been provided with adequate information to make informed decisions about their medical options, including implants. As a result, patients have been injured by products that they may not have agreed otherwise to use.

The Health Law Firm’s attorneys represent clients in a number of different cases involving orthopedic implants, primarily hip implants, against the manufacturers.

Biomet Metal-on-Metal Hip Implant

According to the American Association for Justice, Biomet continues to produce metal-on-metal hip replacement devices despite an ever-increasing number of complaints to the U.S. Food and Drug Administration (FDA), high failure rates, and scientific studies with findings that suggest metal-on-metal hip devices increase the risk of later remedial surgeries. The FDA has expressed concern for metal-on-metal hip replacement devices and the impact of metal ions in general.

If you received a Biomet hip replacement and have experienced pain, swelling, high levels of metal in your blood, a corrective revision surgery or other complications, we may be able to help you obtain compensation.

DePuy ASR and Pinnacle Metal-on-Metal Hip Implants

Numerous lawsuits have already been filed in state and federal court stemming from the August 2010 DePuy hip implant recall. (Click here to read the press release from DePuy on the recall.) This litigation is growing rapidly as victims of the medical device learn about the recall. Metal-on-metal acetabular components are the subject of premature failure and toxic exposure to chromium and cobalt, specifically from the DePuy ASR (and perhaps from the DePuy Pinnacle).

The Health Law Firm has recently undertaken plaintiffs’ products liability cases against DePuy. We are able to combine our knowledge of the health care industry with our litigation experience for the benefit of patients in these cases.

If you received a DePuy hip replacement and have experienced pain, swelling, high levels of metal in your blood, a corrective revision surgery or other complications, we may be able to help you obtain compensation. Before you talk to the manufacturer of the defective product, or the manufacturer’s representative (usually Broadspire), contact us for information.

Stryker Rejuvenate and ABG II Hip Implants

The Stryker Rejuvenate and ABG II hip implants are included in the latest hip replacement systems recall. July 6, 2012, Stryker issued a voluntary recall of its Rejuvenate and ABG II modular-neck stems in the United States. (Click here to read the press release from Stryker on the recall.) This follows the May 2012, Canadian instruction for use recall. Released in early 2010, the Stryker Rejuvenate hip system became one of the company’s best-selling joint replacement products. Recently post-market surveillance data and more than 40 adverse events reported to the FDA demonstrate the risks associated with fretting and corrosion at the modular neck junction and provide evidence of toxic metal debris loosening and entering the bloodstream. Patients with defective systems suffer pain, inflammation, swelling, tissue damage and even metallosis.

If you received a Stryker Rejuvenate or ABG II hip implant and have experienced any complications, we may be able to help you obtain compensation. The Health Law Firm has recently undertaken plaintiffs’ products liability cases against Stryker. We are able to combine our knowledge of the health care industry with our litigation experience for the benefit of patients. Before you talk to the manufacturer of the defective product, or the manufacturer’s representative (usually Broadspire), contact us for information.

Wright Hip Implant

Wright hip implant cases are currently being filed in state and federal courts. There is multi-district litigation (MDL) currently pending regarding Wright hip implants.

If you received a Wright hip replacement and have experienced pain, swelling, high levels of metal in your blood, a corrective revision surgery or other complications, we may be able to help you obtain compensation.

Zimmer Durom Cup

The Acetabular Zimmer Durom Cup hip replacement system was first introduced to the market in 2006. The Durom Cup was designed for use in young, active patients who were likely to outlive a conventional hip prosthesis. Unfortunately, patients receiving this defective device often experienced crippling pain following surgery, leaving them more disabled than they had been before their hip replacement. It is estimated that a large percentage of patients receiving the Durom Cup will need to undergo additional surgery to have this defective component replaced.

Allegations against the manufacturer are basic product liability causes of action; however, attorneys are including allegations of negligence, strict liability, warranty and failure to warn.

If you received a Zimmer Durom Cup hip replacement and have experienced pain, swelling, high levels of metal in your blood, a corrective revision surgery or other complications, we may be able to help you obtain compensation.

Zimmer NexGen Knee

Zimmer’s NexGen Knee replacement system is the subject of failures. As a result, thousands of patients must undergo revision and replacement surgeries, according to the American Association for Justice. A former Zimmer orthopedic consultant has reported that Zimmer’s NexGen Knee replacement problems resulted in revision surgery in nearly nine percent (9%) of cases and resulted in knee replacements loosening in more than a third of the cases. Other Zimmer NexGen Knee components are also coming under scrutiny as litigation proceeds.

If you received a Zimmer NexGen Knee replacement and have experienced pain, swelling, high levels of metal in your blood, a corrective revision surgery or other complications, we may be able to help you obtain compensation.