PRODUCT LIABILITY REGARDING SULZER ORTHOPEDICS HIP IMPLANT REPLACEMENTS
The following information courtesy of
BALKIN & EISBROUCH Affiliated Law Offices National Drugline
1-800-DRUG LINE
Balkin and Eisbrouch Home Page www.1-800-INJURED.com
Back to The National Drugline Homepage
Contact us now to protect your rights.
What is product liability?
What product has been recalled by Sulzer Orthopedics?
Why were the products recalled?
How can a I tell if there are problems with my Inter-Op shell implant?
How can I find out if I the implant I received has been recalled?
Do Sulzer Implant users have a right to be compensated for any health problems caused by the implant?
What is a “failure to warn” claim?
What kind of claims can be brought for product liability?
What is strict liability?
What is negligence?
What is breach of warranty?
What damages does the law allow in product liability cases?
What are economic damages?
What are noneconomic damages?
What are punitive damages, and may they be recovered in product liability cases?
If I bring my case to you, what will you do?
How do I know that you will do a good job on my case?
What are your fees?
Q. What is product liability?
A. Product liability is the body of law that provides for compensation for physical injuries resulting from defective and unreasonably dangerous products and from the failure of a manufacturer or seller to warn the consumer of product dangers.
Q. What product has been recalled by Sulzer Orthopedics?
A. Sulzer Orthopedics has recalled its Inter-Op acetabular shell manufactured in the United States. Most of the recalled shells were produced October 1999 and after. A limited number of recalled shells were produced as early as June 1997.
The products affected by this voluntary recall are listed below:
|
Catalog Numbers |
Product |
Lot Numbers |
Lot Numbers |
|
4360-00-039 |
Hemispherical Shells |
1307848 |
1465372 |
|
4361-00-039 |
Rim Flare Shells |
1398234 |
1465247 |
|
4362-00-043 |
Revision Shells |
1397531 |
1465242 |
|
4363-00-053 |
Protrusio Shells |
1403576 |
1453540 |
Q. Why were the products recalled?
A. During the manufacturing process, a mineral oil-based lubricant was used on the product, and in some cases this residue was not completely removed. Independent scientists have shown that this residue may cause adverse reactions in the body that can lead to loosening of the shell.
Q. How can a I tell if there are problems with my Inter-Op shell implant?
A. By looking for the following symptoms after surgery:
-
Up to 6 weeks:
- You may be progressing well or experiencing groin or hip pain.
- You may have increased thigh pain.
- You may have significant pain when you begin walking or, when rising from a seated position, may have buttock pain.
- An x-ray may show that the implant has moved.
6 weeks to 3 months: - You may experience significant pain with weight bearing, may require cane or crutch.
- You may not be able to exert resistance in straight raised leg test and side-lying abduction test.
Q. How can I find out if I the implant I received has been recalled?
A. The information about the specific implant you received will be in your medical records. You can contact your surgeon or the hospital where the surgery was performed and request a copy of your medical record.
Q. Do Sulzer Implant users have a right to be compensated for any health problems caused by the implants?
A. If a hip implant has caused you or a loved one significant physical damage, you may be entitled to a large compensatory award. You must protect those legal rights before they lapse by passage of time and are barred by various states' statutes of limitations. You should contact us to evaluate your rights. Many valuable legal rights are lost everyday because of peoples' failure to take legal precautions. Call us now at 1-800-DRUG LINE to protect your rights. Or E-Mail us for more information.
Q. What is a “failure to warn” claim?
A. Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product.
Q. What kind of claims can be brought for product liability?
A. The alternative theories of liability in a product liability case are (1) strict liability; (2) negligence and (3) breach of warranty. Sometimes all three theories are pursued in one case.
Q. What is strict liability?
A. Strict liability is the legal principle that a person or company which sells a product in a “defective condition” that is unreasonably dangerous to the ordinary user may be liable for any physical injuries. The defect may be in the product’s design or manufacturing, in the product’s container or packaging, or in the instructions or warning necessary for the product’s safe use. In a strict liability case, the injured person is not required to prove the manufacturer or seller was negligent.
Q. What is negligence?
A. Negligence is a breach of a duty owed by the manufacturer to the user in light of the reasonably anticipated harm arising from all reasonably foreseeable uses of the product. The duty includes design, manufacturing, instructing and warning. In a negligence case the injured party must prove a violation of a standard of reasonable care by the manufacturer in the manufacture of the product.
Q. What is breach of warranty?
A. A warranty is an expressed or implied representation about the product to the consumer. Common warranties are that the product is fit for the ordinary purpose for which it is used or that the product is fit for a particular specific purpose. Breach of warranty generally means that the product did not perform as represented or expected.
Q. What damages does the law allow in product liability cases?
A. Generally, the plaintiff is to be reasonably compensated for all injuries and losses resulting from the occurrence in question. Damages are split into two general categories: economic (past and future), and noneconomic (past and future).
Q. What are economic damages?
A. Economic damages include almost everything that can be replaced with a checkbook. This category of damages is very broad and will vary from case to case. Economic damages can include the reasonable expenses of necessary medical care; hospitalization and treatment; loss of income or earning capacity; the reasonable value of services provided by family members for free; the cost of hiring others to perform normal household duties; and the loss of the injured person's services to his or her spouse. These losses are projected into the future based, among other factors, on medical testimony regarding continuing disability and future needs.
Q. What are noneconomic damages?
A. Noneconomic damages are those losses which cannot be quantified in a dollar amount. The most prominent examples are pain and suffering, mental anguish, inconvenience, physical impairment or disability, disfigurement, and loss of enjoyment of life. The importance of categorizing damages as economic or noneconomic lies in the fact that noneconomic damages are sometimes limited under some state laws. We often see cases where people's lives are devastated by catastrophic injuries, but if they are children or elderly, economic losses are limited and the capped amount of noneconomic damages is unfairly inadequate.
Q. What are punitive damages, and may they be recovered in product liability cases?
A. Punitive damages are not based upon the severity of the injury to the plaintiff, but rather upon the need to punish the defendant and deter others from engaging in like conduct. Before punitive damages may be awarded, the plaintiff must prove that the defendant acted in a “wanton or intentional” way, which includes the “reckless disregard” of a known danger to the plaintiff’s health and safety. This must be proven by clear and convincing evidence. Punitive damages are extremely rare, but available in appropriate circumstances.
Q. If I bring my case to you, what will you do and how much will it cost?
A. First of all, we will not charge you for any of the time we spend visiting with you or for the cost of investigating your case. We start with an interview to determine the facts as you know them, and make a judgment about whether the case is one which falls within our expertise and interests. The ensuing investigation begins with the collection of all pertinent records, including accident reports, product literature, company brochures, and medical records. We ask you to sign releases authorizing us to obtain these records. We then review and analyze the records. If we believe there is a strong possibility that a product was defective, we will submit it to the appropriate experts for review, asking them for their opinions on the issues of the defective nature of the product, damages and causation. If, after consultation with experts, we believe that we can satisfy our burden of proof, we recommend that the case be filed.
Q. How do I know that you will do a good job on my case?
A. We believe that our experience and results in product liability cases count. We have a commitment to getting an excellent result in every case we decide to pursue, and our track record and credibility are extremely important to us. Please keep in mind, however, that every case is different and no result is guaranteed. All we can promise is our best effort on each and every case.
