Product liability is a very complex area of personal injury law that deals with holding those accountable for injuries and deaths suffered by consumers due to defective products. There are a number of parties that can be held liable should someone be injured or killed due to a dangerous or defective product. Those parties can include, but are not limited to:
When you hear or read about products being recalled, this means the product was found to be defective in some way and poses a threat to the general public. The United States Consumer Products Safety Commission (USCPSC) and the Food and Drug Administration (FDA) are the two most well-known government agencies charged with protecting consumers from dangerous products. Defective product attorneys, often referred to as product liability attorneys, represent those injured or the families of those who died due to defective products.
Defective Hip Implant
One of the most recent medical devices to be recalled is the DePuy ASR Hip Implant that is used in hip replacement surgeries and was introduced in 2005 by DePuy Orthopedics. Since its introduction, this hip replacement system has caused thousands of Americans to suffer debilitating pain and the need for additional hip surgery to replace the defective implant.
In August 2010, a recall was issued for over 90,000 defective hip implants manufactured by DePuy after data revealed that the device had a staggeringly high rate of failure. At the time of this writing, countless lawsuits have been filed against the maker of this dangerous medical device.
Some of the most common complications in those who received the DePuy Hip Implant are:
What is very disturbing about this particular defective product is that complications have been reported for several years with approximately 100 reports received as far back as 2007, 200 in 2008, and over 300 in 2009. Yet, the recall did not happen until August of 2010. Hundreds of people could have been spared the agony of this defective device had the proper authorities acted sooner.
At this time it is believed that there is a defect in the design of the implant, which makes them difficult to place at the proper angle and makes them prone to failure. If the metal hip replacement is positioned improperly, small particles of metal can flake off and inflame surrounding tissue in the hip joint and even cause bone loss.
If you or someone you love has the DePuy ASR Hip Implant in their body, you should contact your physician immediately.