COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

When medical products are not made properly, this may result in severe medical issues for patients in the state of West Virginia. One married couple in a recent out-of-state case has filed a lawsuit against the provider of knee replacement parts, alleging defective medical devices. Specifically, they have accused the company of manufacturing defective knee implants.

According to their lawsuit, the husband received a knee implant on the left knee. However, immediately following the surgery, the man suffered complications. He thus had to have a revision surgery done on him.

The ordeal reportedly caused the man to suffer physical pain. He also claimed to have suffered the loss of consortium and economic loss as a result of the defective device. He asserted that he did not know about the knee implant defect, and his doctors did not know about it either. The manufacturer of the product is being accused of being negligent in its designing of the product as well as in its failing to issue a warning to doctors and patients about the defect. The company is also said to have negligently misrepresented the product and breached warranties.

As part of the lawsuit, the married couple is seeking compensatory, statutory and exemplary or punitive damages. Punitive damages may be awarded in cases in which egregious fault is deemed to have taken place. The couple is also seeking a trial by jury, lawyer fees, interest and other relief. Any individuals in West Virginia who have been negatively impacted by defective medical devices have the legal right to seek to hold the manufacturers of the faulty products accountable.

Source: louisianarecord.com, “Couple blames company for defective knee replacement“, Hoang Tran, March 30, 2016