Hip Replacement Injuries
There are some significant problems associated with metal-on-metal hip replacements. These hip replacements are used to treat patients whose hip joints have deteriorated or have been damaged because of a fracture or arthritis. The FDA has issued a public safety communication warning that patients who suffer pain or have new medical concerns after a joint replacement surgery should see a doctor or orthopedic surgeon. If you have been hurt by a faulty hip replacement, you should consult an experienced defective medical device lawyer about suing the manufacturer of the device. At the Neumann Law Group, our Grand Rapids and Traverse City hip replacement attorneys have a strong track record of success in recovering damages for injured people.Taking Legal Action Based on Hip Replacement Injuries
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.
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. You 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.Consult a Knowledgeable Hip Replacement Attorney in Grand Rapids or Traverse City
Hip replacement surgery is grueling. A hip replacement may be defective if you suffer a limp, pain in your leg, or swelling at the hip joint. You should see a doctor and consult an attorney if you discover that you may need revision surgery or require other treatment. Our Traverse City and Grand Rapids hip replacement lawyers may be able to help you recover damages. Neumann Law Group also represents people who need a product liability attorney in Ann Arbor, Flint, Lansing, Kalamazoo, Detroit, Wyoming, Saginaw, Muskegon, Midland, Holland, Warren, and Petoskey, as well as areas throughout the Upper Peninsula. Contact us at 800-525-NEUMANN or via our online form to set up a free appointment.