Prostheses that are not fabricated properly may cause serious medical issues in West Virginia. Even though companies may realize this at some point, by the time they actually issue recalls on their prostheses, they are usually too late: The damage has already been done, or it is on its way to being done, in patients. In a recently filed lawsuit, a hip implant patient claims that the maker of his prosthetic hip failed to test its product adequately, thus leading to a recall of the product.
The patient had suffered from a spine injury due to a bike accident and ended up getting a hip implant in 2011. With the implant, he was able to walk again -- something he was told he may never have been able to do again. In fact, he climbed the Willis Tower and became nationally well-known for accomplishing this feat with his hip implant.
However, he later found out that his hip device was recalled. The problem with the medical device is that it features two different types of metals that don't co-exist well. As a result, the metals corrode and seep into the bloodstream. Failure to remove the defective device could lead to damage to the liver or kidneys.
Patients in West Virginia who have been given recalled prostheses have the option of filing a civil lawsuit seeking reimbursement for financial damages. For instance, a faulty prosthetic device may have to be removed and replaced, which is a major cost, or the device could cause expensive health issues. Particularly if the product was not recalled at the time the patient had it implanted into their body, they may be eligible for reimbursement of monetary damages, depending on the facts of the case.
Source: NBC Chicago, Man Cries Foul After Company Recalls Artificial Hip, Charlie Wojciechowski, Sept. 10, 2013