The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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What kind of damages can a victim receive for the losses a defective hip replacement device has caused them?
A personal injury attorney can pursue damages on behalf of the victim for financial compensation for additional medical expenses the victim needs for surgery, therapy, and other medical care they require, loss of income from being unable to work during the extended recovery, pain and suffering, permanent disability, and more.
What are some of the medical issues that a defective hip replacement device can cause?
- Additional surgery to replace the defective device
- Debilitating and chronic pain
- Metallosis, a type of blood poisoning caused by the tiny metal particles that shear off the device and enter the patient’s bloodstream
- Reduced mobility
- Tumor-like growths in the hip area
How prevalent are hip replacement device recalls?
Hip replacement devices are used to help improve the quality of life for patients, whoever, many of these devices have actually caused more medical problems due to the number of hip replacement devices that have been recalled, with more than 550 recalls in a ten-year period, affecting thousands and thousands of patients. Currently, the following are on the FDA recall list:
- DePuy ASR Acetabular & Resurfacing System
- Stryker Rejuvenate and ABG II Hip Recall
- Smith & Nephew R3 Acetabular, Modular SMF, Modular Redapt Femoral Hip Systems
- Wright Conserve Plus and Profemur Z Hip Stem
- Zimmer Durom Acetabular Component
What does 'breach of warranty' mean?
A breach of warranty happens when the manufacturer or seller of the product makes a promise, either expressly or impliedly, to the end user about the product but the promise is broken and leads to harm.
What is a ‘warranty’?
A warranty is a promise or guarantee by a manufacturer or seller that the product is of a certain quality or character.
An Express Warranty occurs when a seller makes a statement, either orally or in writing, which relates to the goods and becomes part of the basis of the deal with the consumer.
An Implied Warranty when a seller knows, or should know, that the product he is selling is used for a particular purpose and the consumer is relying on the seller’s skill or judgment in selecting a product suitable for that purpose. Further, there is typically an Implied Warranty of Merchantibility, which means that the product will be fit for the purposes for which it is ordinarily used.
What does 'failure to warn mean'?
This happens when the product manufacturer fails to provide a warning to consumers about the dangers of a product that are not obvious or readily discoverable by the consumer or does not instruct them about how to use the product safely.
What is the North Carolina products liability statute of limitations?
The statute of limitations for products liability claims in North Carolina is 6 years. (NC Gen. Stat. § 1-50). For claims involving defective products, dangerous drugs, or a manufacturing defect in a product, injured parties must bring a civil lawsuit within 6 years of sustaining their injuries. If claims are not brought within their statute of limitations period they will be time barred by the court. If you need help deciding whether to pursue a products liability claim contact our firm today to discuss your case.
I'm worried about making a claim against DePuy, I don't want to sue my doctor.
You will not be making a claim against your doctor since they had no way to know that the DePuy ACR hip replacement device would be recalled. Your claim is against DePuy and we will fight for you against DePuy.
I received a recall letter from DePuy, whatshould I do now?
You should call our DePuy hip injury firm right away. The letters from DePuy are somewhat misleading. They invite you to provide a great deal of information to DePuy which might impact your claim later on. It is best to discuss your rights with a lawyer who is familiar with the DePuy recalls and litigation.
What does MDL mean and how is it related to the DePuy hip replacement recall?
MDL is short for multi-district litigation. This type of litigation is routine in the area of product recalls. When a product like the DePuy ACR hip is recalled, there are often thousands of plaintiffs. The judicial system allows for the plaintiffs to form a group, or class action, which will present the claims as a whole. This type of litigation saves plaintiffs a lot of time and money by consolidating all the individual cases. The MDL hears the cases as a whole and makes a decision that affects the entire class.