Tenacious Advocacy in Fort Lauderdale Hip Replacement Mass Tort Litigation
Tissue damage is an indicator of hip replacement failure. If the tissue surrounding your prosthetic hip joint is injured, your hip replacement may have failed. The mass tort injury attorneys at Anidjar & Levine represent victims of defective hip replacements in Fort Lauderdale and the surrounding areas. We provide aggressive and seasoned representation against manufacturers whose dangerous products cause widespread injury. If you were hurt by a faulty prosthetic hip joint, we can help. Contact us today to learn how.
Tissue Damage
Tissue damage is a symptom of hip replacement failure. The tissue that surrounds the hip joint maintains the joint’s functionality and supports the bones. When a person receives a hip replacement, there is a risk that the device may fail. It can corrode, and metal can leach into the tissue surrounding the hip replacement. This can cause necrosis, or death, of the tissue and bones around the prosthetic device.
Possible Signs of Tissue Damage Include:
- Pain from inflammation or infection in and around the joint
- Increase in local tissue temperature
- Weak or unstable hips
- Numbness, tingling, or bruising
Tissue damage from a failed hip replacement may be treated conservatively in some cases, but others require a revision. A revision is a second surgery to replace the defective prosthetic with a new device. If a defective hip replacement is the cause of the injury, you can take action against the manufacturer.
Proving a Claim against the Manufacturer of a Defective Hip Replacement
You have the right to hold the manufacturer of a faulty hip replacement device liable for your injuries. In Florida, if a product injures its user, the product manufacturer may be legally responsible for the damage. The plaintiff in a product liability case has the burden of proving that:
- The product was defective;
- It caused the plaintiff’s injuries; and
- The defect existed when it left the manufacturer’s control.
A product is defective if it has a manufacturing, design, or marketing defect. A flaw in the manufacture of a product typically affects a smaller batch of products because the defect lies in how the product was produced. On the other hand, a design defect usually impacts the entire product line because the product had a flaw in its actual design. In other words, it was manufactured as it was intended to be, but the design itself is faulty. A marketing defect occurs when the manufacturer fails to warn of the product’s inherent dangers or its proper use. For example, a warning label may inadequately address the potential dangerous in using the product.
Proving that the product was defective is vital to a products liability claim. If a claim is based on negligence, the plaintiff has to prove that the manufacturer owed it a duty of care, breached the duty, and caused injury. The defect in a product can show the breach element of negligence. If the claim is based on a theory of strict liability, the manufacturer can be held liable without proving duty of care or breach if the plaintiff can show that the defect was so dangerous that it created an unreasonable risk of harm.
Mass Tort
When a defective hip replacement product enters the stream of commerce, it can injure hundreds of users. Stryker Orthopaedics, for example, issued a recall of two of its hip replacements after escalating reports of corrosion and fretting, which have led to thousands of lawsuits. If a particular hip replacement model causes widespread harm, the injured recipients of the device can file a single lawsuit against the manufacturer. This is called a mass tort claim. In mass tort claims, the underlying facts and issues are generally the same, even though there are numerous plaintiffs. The cases are consolidated, and the plaintiffs can benefit from the same evidence and resources.
Damages
The plaintiffs in a mass tort action will recover compensation for their individual damages. Possible recoverable damages include compensation from the manufacturer for medical expenses, including revision surgery; lost income; pain and suffering; and punitive damages in some cases.
Serving the Injured throughout Fort Lauderdale
At Anidjar & Levine, we provide the injured with experienced representation in mass tort cases. Our hip replacement lawyers aggressively represent Hollywood recipients of defective products. We can effectively present your interests, and advocate for a favorable outcome in your hip replacement case. Call us at 800-747-3733 or reach us online for a free consultation.
We Can Help.
