If you have had a joint replacement in recent years, you may already be aware of certain product recalls and litigation pertaining to hip and knee devices. You may not, however, know that the bone cement used in some artificial joint replacements has also fallen under scrutiny. If you have undergone a medical procedure in which bone cement was used, and you have experienced complications, you should talk to a Traverse City or Grand Rapids bone cement lawyer about possible litigation. Neumann Law Group is ready to guide victims across Michigan through cases in which bone cement is believed to have caused serious injuries or death.
Since the statute of limitations limits the time that an injured person has to file a product liability claim, speaking with counsel as soon as possible is an important first step in seeking the compensation that you are due if you have been hurt by a dangerous or defective medical product, such as bone cement. Some patients have alleged that they suffered medical problems as severe as cardiac arrest as a result of having been treated with bone cement. Other serious issues experienced by patients receiving bone cement have allegedly included pulmonary embolism, low blood pressure, low oxygen (hypoxia), irregular heartbeat, and bone cement implantation syndrome (BCIS).Assert Your Rights in a Product Liability Claim
As with other types of product injury cases, a Traverse City or Grand Rapids bone cement attorney must make out their client's case by a preponderance of the evidence. While many cases settle out of court, the plaintiff's attorney must still be prepared to take his or her case all the way through trial - and appeal any errors at the trial level as well. Otherwise, the defendant will not take the case seriously and will offer a "lowball" settlement at best. Formulating an effective litigation strategy is a complex matter. Potential expert witnesses must be contacted, since expert testimony is typically required in order to make out a prima facie case of a manufacturing defect, a design defect, or another type of product liability. Other types of experts, such as the plaintiff's treating physician or other health care providers, may also need to testify at trial. This helps a bone cement lawyer in Grand Rapids or Traverse City explain to the jury exactly what happened to the plaintiff because of the defective product, how the patient's injuries are currently affecting his or her life, and the patient's future prognosis.
The jury determines how much the plaintiff's case is worth by considering the amounts of medical expenses and lost wages that he or she has incurred, along with other factors like how much pain and suffering the bone cement caused, how the plaintiff's injuries have affected his or her marital relationship if the spouse files a loss of consortium claim, and other ways that the plaintiff's life has been adversely affected. In some cases, punitive damages might be awarded, but this is the exception rather than the rule. Some states put a cap on punitive damages when they are awarded.Contact an Experienced Bone Cement Attorney in Grand Rapids or Traverse City
Getting started on a possible defective medical device case as soon as possible is important for many reasons - to comply with the statute of limitations, to speed up the process of monetary recovery for damages associated with injuries caused by the product, and even to put others on notice that a given product may be defective. To schedule a consultation with a seasoned injury attorney, call Neumann Law Group at (800) 525-6386 or contact us online. Our attorneys are currently exploring litigation concerning a wide range of various medical devices and other consumer products on behalf of people in Traverse City, Grand Rapids, Ann Arbor, Flint, Lansing, Muskegon, Midland, Holland, Kalamazoo, Detroit, Wyoming, Saginaw, Warren, Petoskey, and communities throughout the Upper Peninsula. We look forward to serving your legal needs as you seek fair compensation for what you have been through.