Earlier this month, the manufacturer of several hip replacement parts settled a lawsuit with thousands of patients who had one of two of the manufacturer’s models used in their hip replacements. According to a report by MLive.com, the medical-device manufacturer Stryker instituted a voluntary recall back in 2012 for two of its more popular models, the Rejuvenate and ABG II artificial hip implants.
Evidently, these two models were metal-on-metal hip replacements, and the metal was prone to “corroding and fretting,” causing pain and swelling in the patients’ hip areas. It is not clear how much each patient stands to receive in the settlement offer, but there is some indication that certain patients may receive up to $500,000.
As for those patients who had the hip replacement and needed to get it removed, the base settlement will be around $300,000. The deadline for filing a claim is March 2015. The manufacturer is expecting to pay out over $1 billion in settlements over the course of the recall.
Medical Device Recalls
Medical devices should be made with the utmost precision and should use only the highest quality materials. However, every so often we hear about a case like this one, where a medical-device manufacturer got something wrong or took a shortcut in the manufacturing process, creating an inferior product.
Whenever there is an inferior product released into the chain of commerce, there is the potential for harm to ensue. However, this is nowhere more true than in the realm of medical devices, where someone’s life depends on the efficacy of the device.
When a manufacturer decides to institute a recall of a medical device, it means that it has already done its research and made the cost calculations. In other words, it is cheaper for the company to recall the parts than to deal with the lawsuits that may come up down the road if it ignores the defect. This doesn’t mean that the manufacturer cannot be held responsible for injuries resulting from use of a recalled product. It only helps shield its liability for continued use after the recall has been made public and the time to file passed.
If you believe that you or a loved one suffered as a result of a faulty medical device, contact a dedicated South Florida injury attorney to discuss what rights you may have.
Are You in Need of an Injury Attorney?
If you or a loved one has recently been injured in some way due to a faulty medical device, you may be entitled to monetary damages based on a design defect in the device, or some other fault. When a medical device is not as safe as it is marketed, those who have used the device may be entitled to recover for any injuries they sustained from that use. To learn more about medical device recalls and how to recover in such a suit, speak to a dedicated South Florida personal injury attorney to discuss your case. Call 800-753-5529 to set up your free consultation with a dedicated attorney today.
More Blog Posts:
Are You a Victim of Personal Injury?, Cecere Santana Injury Lawyers Blog, published August 26, 2014.
Save Money on Auto Insurance, Cecere Santana Injury Lawyers Blog, published July 23, 2014.