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.
It depends on the circumstances in which your injury occurred and if a connection can be established between the product and your injury. Product defect cases are usually based on “strict liability” rather than negligence. “Strict liability” means it is not necessary to determine fault on the part of the defendant, but your attorney must be able to prove the product was unreasonably dangerous or defective, you were injured from use of the defective product, and the injury was caused by the defect in the product.
One exception is if your circumstances are very similar to the circumstances in which other people are injured by the same product. This would allow you to file a “Class Action” lawsuit in which a lawyer could represent you and all other people who suffered injuries from a single defective product. For example, there are numerous lawsuits filed in connection with toxic Chinese drywall found throughout Carolina.
About the editors: The motto at Shapiro, Lewis, & Appleton law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.
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How prevalent are hip replacement device recalls?