Twenty-five million Americans – nearly one in ten – have one sort of medical device or another, including artificial heart valves, pacemakers, hip and knee joints, dental implants, stents, orthopedic plates and screws or breast implants. When a medical device gets recalled because it is dangerous, it can be terrifying for someone who still has the device implanted. Sometimes the company that made the device offers to pay the medical expenses to have the device removed and replaced, but in exchange, the patient and his/her family may give up legal rights to compensation they deserve.
A recent example of a medical device recall that has many people wondering about their legal rights is the DePuy ASR hip implant recall. The ASR, a metal-on-metal (MoM) hip implant, is one of several models sold by DePuy Orthopaedics (a unit of Johnson & Johnson). After two years of reports that its ASR hip implant systems were failing in patients, in August 2010 DePuy Orthopaedics recalled its ASRTM XL Acetabular Hip System (approved for use in the U.S. and around the world) and DePuy ASRTM Hip Resurfacing System (only approved for use outside the U.S.). These systems, which first became available in July 2003, were failing in patients only a few years after implant. Now, after seven years and more than 93,000 potentially affected patients, the health impact is substantial.
A related product notice for Stryker’s recall of its Rejuvenate and ABG II modular-neck stems indicates the need for additional oversight of this multimillion-dollar medical device implant industry.
Until that happens, recall notices will continue to be issued for lapses such as mislabeling, structural failure or manufacturing defect – and Slack Davis Sanger medical device attorneys will continue to represent plaintiffs and litigate cases.
At Slack Davis Sanger, our in-house ability to screen and investigate complex cases involving harmful medical devices sets us apart from other personal injury firms and gives our clients tremendous leverage against tough corporate adversaries. Our full-time, on-site legal nurse consultant provides patient-care expertise, allowing our attorneys to view the case from many different perspectives.
Slack Davis Sanger medical device lawyers invest numerous hours to research and construct their cases. This preparation is essential for successful litigation. Please visit the resource list below for more information about product recalls – and/or contact the Slack Davis Sanger product liability and medical device attorneys to learn more.