Can I Sue if My Artificial Hip Was Defective?
Johnson & Johnson, along with its DePuy Orthopedics unit, have been sued by over 9,000 people claiming they have been injured after having the Pinnacle artificial hip implanted. In the third straight victory for plaintiffs, a federal judge in Dallas last November ordered the medical device manufacturer to pay $247 million to six patients for injuries from defective Pinnacle hip implants. The lawsuit claimed that the defendants failed to warn consumers of the potential risks associated with the implant. Plaintiffs in the lawsuit claimed that they experienced bone erosion, tissue death, and other injuries because of the product’s design flaws.
Continuing to Fight Allegations for a Defective Medical Device
Even though DePuy stopped selling the metal-on-metal artificial hip in 2013 after the FDA strengthened regulations for artificial hips, the company continues to fight claims by consumers who have been injured by the product. Allegations against the company include, but are not limited to:
- Failure to warn about risks;
- Rushing a product to market that the company knew was defective;
- Marketing a product that was not properly tested;
- Misrepresentation of the product’s safety to physicians; and,
- Assuring doctor’s that there was little risk of tissue damage or metal poisoning.
Medical devices are intended to help patients with a specific health condition or medical problem. In some cases, a company may not know that a medical device has a defective or could be potentially dangerous for the patient.
Product Liability Claims for Defective Medical Devices
When a medical device is defective, the manufacturing can be held liable for damages under product liability laws. Products can be inherently dangerous because of a defect in the design, but they can also be defective because of a flaw in the manufacturing process. However, a manufacturer can also be held liable under product liability laws for injuries sustained because they failed to provide adequate warnings or instructions for proper use.
Depending on the circumstances and the facts of the case, more than one party may be liable for damages. Because lawsuits based on defective medical devices can involve complex devices and conditions that could be caused by more than one factor, it can be difficult to prove liability in these types of cases.
Therefore, it is very important to hire a skilled product liability attorney who has experience handling defective medical device claims. An experienced medical device lawsuit attorney understands what is required to investigate a claim to identify the liable parties and obtain evidence of the defect.
Damages in a Defective Medical Device Lawsuit
When you file a lawsuit or claim for injuries sustained because of a defective medical device, you may be entitled to significant compensation for your damages. Damages in a product liability lawsuit include financial damages such as lost wages, medical expenses, personal care, future damages, diminished earning capacity, and other out-of-pocket expenses related to the injury.
In addition, victims may also be entitled to noneconomic damages. Noneconomic damages, also referred to as “pain and suffering” damages, includes a person’s physical pain, emotional distress, and psychological pain. Pain and suffering damages may also include compensation for permanent impairment, disability, scarring, and disfigurement.
While no amount of money will undo the damage caused by a defective medical device, a monetary judgment can help ease the financial burden caused by an injury. Furthermore, monetary judgments hold large corporations accountable for their actions and may deter future negligence by the company.
Have You Been Injured by a Defective Medical Device?
The nationwide product liability attorneys of The Fox Law Firm, P.C. fight to obtain compensation for injury victims throughout the United States from their office in Dallas, TX. For a free consultation with a medical device lawsuit attorney, call 1-866-FOX-FIRM or 1-866-369-3476.