As most West Virginia residents know, there is always some level of risk associated with any surgery and the use of any medical device. However, it is crucial that patients be warned of these risks prior to undergoing surgery for the placement of a medical device. According to reports, a man from another state has recently learned first-hand the damage that defective medical devices can cause. As a result, he has filed a lawsuit against the manufacturers of the device.
The man says that he had a prosthetic hip implanted in his body in January 2007. Not too long after he received the surgery for the implant, he was informed that the device had failed. Due to the device failing, he would need to undergo surgery to be fitted with and receive a new prosthetic hip.
In this second surgery for the replacement hip device, his surgeon noticed that there was extensive damage to the soft tissue in the man’s hip. The man is blaming the design of the hip implant for the damage that was caused. It is worth noting that this hip implant was recalled by the FDA later.
When it comes to defective medical devices like this hip implant, the liability often comes back on the design or manufacturing of the product. In some cases, the surgeon can also be held liable if he or she did not inform the patient of the potential risks associated with the hip implant. Because the laws of liability can be tricky, it may be wise to consider speaking to someone well-versed in West Virginia’s product liability law to explore what options may be available to recover past, current and future injury-related costs.
Source: cookcountyrecord.com, “Hip pain patient accuses Zimmer U.S. of faulty prosthetic design“, Dec. 29, 2015