Hip Replacement Injuries
Metal-on-metal hip replacements are used to treat patients whose hip joints have deteriorated or have been damaged because of a fracture or arthritis. However, the FDA has issued a public safety warning that patients who suffer pain or have new medical concerns after a joint replacement surgery should see a doctor or orthopedic surgeon due to the possible serious health concerns that may arise.
If you recently underwent hip replacement surgery and you are experiencing pain or swelling, or you’ve developed a limp since the procedure, consult with the Traverse City defective medical device lawyers at the Neumann Law Group. At our personal injury law firm, our Traverse City hip replacement attorneys have a strong track record of successfully recovering damages for patients who received defective hip replacements.Hip Replacement Lawsuits
With some metal-on-metal hip replacements, the metal parts grind against each other and result in metal debris being released into the tissues in the hip area. This may cause inflammation and possibly other injuries like bone loss, tumors, or a loosening of the prosthesis that results in thigh pain. If your hip replacement injuries resulted from a defect in the hip replacement device, you may be able to recover damages for your injuries by bringing a product liability lawsuit. For many people, this is the only way that they can afford expensive medical treatment, such as revision surgery, for problems caused by hip replacements.Proving a Product Liability Claim Involving a Defective Hip Replacement
Most product liability lawsuits require you to prove a defect. There are three types of recognized defects: design, manufacturing, and marketing defects. If every hip replacement of a certain type is improperly designed so that it poses an unreasonable risk of harm to consumers, there is likely a design defect. A hip replacement lawyer in Traverse City or Grand Rapids will need to prove that the defectively designed hip replacement was unreasonably dangerous at the time that it left the control of the manufacturer and that there was a practical alternative design that was technically feasible at the time that the hip replacement was produced.
However, if only a few hip replacements were improperly made or were changed due to a flaw in the manufacturing process, there is likely a manufacturing defect. Manufacturers may also be held liable for marketing defects, such as a failure to warn. Other causes of action in a defective medical device lawsuit include breach of warranty or fraudulent misrepresentation. Damages that you may be able to recover if you establish liability against a manufacturer include any past or future medical costs, lost income, household services while you recover, pain and suffering, and mental anguish related to your injuries. Under MCL section 600.2946a, the total amount of noneconomic damages in a product liability lawsuit is capped unless the defect causes a permanent loss of a vital bodily function or someone's death, in which case the cap is raised. The cap is adjusted each year.Are You Interested in Learning More About Bringing a Hip Replacement Injury Lawsuit?
Hip replacement surgery is grueling, even when the process goes as planned. However, if you’ve been left with a limp, pain in your leg, or swelling at the hip joint, it’s possible you received a defective hip replacement. If so, it is imperative that you see a doctor and consult with an experienced product liability attorney, especially if you need a revision surgery or require other treatment. At the Neumann Law Group, our Traverse City hip replacement lawyers can help you understand your rights and pursue a claim for monetary damages. The Neumann Law Group also represents clients in Ann Arbor, Flint, Lansing, Kalamazoo, Detroit, Wyoming, Saginaw, Muskegon, Midland, Holland, Warren, and Petoskey, as well as areas throughout the Upper Peninsula. To learn more, and to schedule a free consultation today, give the Traverse City product liability lawyers at the Neumann Law Group a call at 800-525-6386. You can also connect with us through our online contact form. Calling is free, and we will not bill you for our services unless and until we can connect you with the compensation you deserve.