West Virginia residents with hip replacement devices may be interested in hearing about this out-of-state case. A patient who underwent a hip replacement in September 2014 has recently filed a defective medical devices lawsuit against the manufacturer of the device as well as its parent corporations. The patient asserts that a defective orthopedic device was placed in his body and led to his suffering.
The man underwent surgery on September 13, 2007. On September 26 and October 15, 2014, he had to undergo a revision surgeries due to the failure of the placed device. The device that was used in the surgery was called the Acetabular System hip replacement device, or ASR. Reportedly, this device was recalled in August 2010 because of a risk for injuries and its failure rate.
The lawsuit cites the manufacturer and its parent corporations for marketing an orthopedic device without sufficiently testing it. The suit also asserts that the defendants aggressively marketed the device. The lawsuit claims that the manufacturer knew the device was prone to failure and had the potential to produce metallic debris that could damage tendons, muscles and various other body tissues.
In his claim, the plaintiff is alleging that he suffered pain and suffering, metal poisoning, loss of enjoyment of life, disfigurements and scarring. He also asserts that he is at risk of future complications. He is requesting various monetary damages, including lost wages, lost earning capacity and medical expenses.
These are all similar damages that individuals here in West Virginia who find themselves in a familiar situation can seek in their own lawsuits. Remember, manufacturers and doctors are expected to ensure that medical devices are safe, effective and properly implanted. When this does not occur, and defective medical devices result in serious injuries, victims have the right to pursue legal action against the manufacturer as well as others who may be at fault.
Source: pennrecord.com, “Patient sues orthopedic manufacturer following failed hip replacement“, Carol Ostrow, Aug. 4, 2015