Thousands of Americans who have been implanted with defective artificial hips have little legal protection, other than the hope that a potential law suit or class action case against the manufacturer will provide some form of compensation. The benefits of winning, balanced against the cost, time, and legal hurdles that injured consumers and their lawyers face in these types of cases fall squarely on the side of the enormously powerful and well-funded manufacturers.
Corporate giants who manufacture pharmaceuticals and medical devices–like Johnson and Johnson (DePuy’s ASR XL Acetabular System and Pinnacle), Stryker (Rejuvenate and ABG II), Biomet (M2a Magnum), Smith & Nephew, Wright Medical Technology, Inc., and Zimmer Holdings Inc.–are all facing a mountain of lawsuits from people across the country who have suffered from recalled or defective hip implants.
Most of these companies have successfully bypassed FDA approval though the fast track 510(k) clearance process and have never had to prove their devices are safe and effective. The FDA’s fast track 510(k) clearance process allows new devices to be placed on the market provided they are substantially equivalent to an existing device already being sold. Since most new artificial hips are “similar enough” to models already on the market, many of the recalled hips have never actually been approved by the FDA.
Metal-on-Metal Hip Implants: Hip Implant Warranties are Needed
In the last ten years, metal-on-metal artificial hip devices have been implanted in nearly 750,000 Americans. These devices were promoted by DePuy and others as an improvement over traditional ceramic and plastic hip implants because they were supposed to last longer. Instead, metal-on-metal hips were found not only to fail sooner, but they have also been associated with causing patients debilitating problems like metallosis, or metal poisoning caused by microscopic flakes of debris being absorbed into the soft tissues, causing the recipients heart damage, neurological problems, and skin disorders.
Consumers Union, the policy arm of Consumer Reports, recently questioned why purchasers of new cars are able to return to the dealer to get defective parts fixed for free but patients who have defective hip implants have to pay for the repair work and replacement parts themselves.
Studies show that 20 percent of hip replacements are done because the original implant was recalled or defective. Follow-up surgeries, known as “revision procedures,” take longer than the initial procedure to perform because they pose additional risks. They also almost always require extended hospitalization and rehab, resulting in higher medical expenses for the patients and their insurance companies, including Medicare.
As a recalled implant attorney, I agree with Consumer Reports that we need federal legislation that will require all hip makers to give patients written guaranties and warranties to replace defective medical devices at no cost. This will not only help injured patients who face outrageous medical bills and lost wages, but it will also force companies like Stryker to make their hip implants and other devices safer.
Free Recalled Hip Implant Consultations
If you or a family member has undergone artificial hip implantation surgery, you may be entitled to receive compensation. Currently our hip implant recall lawyers are representing people from around the country in claims against Stryker, DePuy, Biomet, Smith & Nephew, Wright Medical Technology, Inc., and Zimmer Holdings Inc.
We are currently offering a Free Initial Consultation to anyone was injured by or may have a potential case against a hip maker. Please email me, Spencer Aronfeld, or call our office today Toll Free 866-597-4529 to discuss your potential case. Our primary office is in Miami, but we are assisting victims across the country, and we would like to help you. Call today.
