When a West Virginia patient goes into the hospital to undergo a surgery, he or she expects to come out of the surgery better off than before. One would expect to be able to lead a higher quality of life. Unfortunately, defective medical devices can quickly turn this expectation upside down.
A woman says that she underwent a surgery for a total knee replacement in Feb. 2003. For 10 years, she had no problem with this replacement. However, in Dec. 2013, she had to undergo a surgery for a revision to certain pieces of the implant. This included bone cement that had an added antibiotic in it to help fight potential infections.
It was not long after this second surgery that she began to suffer from severe pain in her knee and significant swelling. The pain was so grave that pain medication had to be taken. She even had difficulty walking. She believes that the bone cement was defective, which caused it to not adhere to her bones, resulting in the instability of the implant, and it was not properly studied and tested before being allowed on the market.
Manufacturers have a duty to ensure that medical products are effective and will not cause consumer harm. When there is even the slightest hint at the failure of a medical product or device, the manufacturer is legally required to keep that product from being used on the market. Unfortunately, defective medical devices often make it to the market anyway and are used in the bodies of patients, including those here in West Virginia. When this happens and injuries result, one has the right to pursue monetary damages to cover the injury and harm that was suffered in addition to the past, current and future medical expenses that may be incurred as a result of the defective product.
Source: louisianarecord.com, “Patient claims bone cement used in knee replacement was defective“, Kyle Barnett, March 25, 2015