By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Carole C. Schriefer, R.N., J.D., The Health Law Firm
The Health Law Firm has recently undertaken plaintiffs’ products liability cases against the manufacturers of defective hip implants, including both Johnson and Johnson’s DePuy Orthopaedics and Stryker Orthopaedics implants. DePuy recalled 93,000 ASR XL hip implants in August 2010, after a significant percentage failed within five years. (Click here to read the press release from DePuy.) Followed by Stryker’s voluntary recall of the Rejuvenate and ABG II modular-neck femoral hip systems in July 2012. (Click here to see the press release from Stryker.)
Both recalls came after reports of hip replacement failures and issues with metallosis, which is metal poisoning from the chromium and cobalt ions in the metal-on-metal hip implants. Patients who have the recalled hip implants are undergoing revision surgery to have the defective hips removed and new types of artificial hips substituted.
Since these recalls are affecting thousands of people across the country, we would like to share the top things all metal-on-metal hip implant recipients need to know about their medical and legal options. Click here to read part one.
4. Revision Surgery.
Choosing one hip replacement over another is one of the most important decisions a patient and a surgeon can make together. Although artificial hips have come a long way, not everyone is a suitable candidate for each type of hip implant.
The same thought process should be followed for revision surgeries. First discuss the surgery with your physician or orthopedic surgeon. Factors such as age, overall health and weight all play a roll in the decision-making process. In 2012, Stryker released an extraction protocol for the benefit of surgeons. Click here to read the extraction protocol.
5. Risks Associated with Revision Surgery.
Revision surgery is a very painful and complex procedure. It may even cause additional problems. The revision surgery is not suitable for every patient. To find out if it is the best option for you, speak to your physician or orthopedic surgeon.
6. The Liability of Physicians and Orthopedic Surgeons.
With these nationwide recalls, most patients want to know what liability their physician or orthopedic surgeon faces for using a defective product. We’ve found the physician or surgeon have no liability for using these products. Stryker and DePuy have manufactured defective products found to fail in patients; therefore Stryker and DePuy should be held liable.
To watch a video explanation of the liability of a physician or surgeon for using a defective product, click here.
Other Metal-on-Metal Hip Implants Recalls.
We’ve also learned of a number of other manufacturers that are producing orthopedic implant products accused of being defective. These products include the Biomet metal-on-metal hip implant, the Wright hip implant, the Zimmer Durom Cup and the Zimmer NexGen Knee.
If you received any of these products and have experienced pain, swelling, high levels of metal in your bloodstream, a corrective revision surgery or other complications, we may be able to help you obtain compensation.
Contact an Attorney Experienced in Products Liability Litigation.
Although The Health Law Firm represents predominantly physicians and other health care providers, we are involved in products liability litigation. At the request of our clients, we have agreed to take on and prosecute a number of hip implant cases against their manufacturers for the patients. We currently are representing several plaintiff patients with DePuy hip implants and several plaintiff patients with Stryker hip implants.
We are able to combine our knowledge of the health care industry with our litigation experience for the benefit of patients. If you received a DePuy, Stryker or any metal 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. To learn more about your legal rights, contact The Health Law Firm for a consultation today.
To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.
Do you think some manufacturers rushed certain orthopedic products into the market without adequate testing? Have you experienced complications for a metal-on-metal hip implant? Please leave thoughtful comments below.
About the Authors: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
Carole C. Schriefer is a nurse-attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.
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