A Sound Product Liability Case Starts With the Basics in Medical Product Liability
Some of the most celebrated cases on medical product liability are not about breast implants. Many of them involved medical appliances that were supposed to make life better for the end users. But as it turned out, due to some reasons only manufacturers should be blamed for, these medical devices turned out defective and have caused severe discomfort, fatal in some cases, to consumers. After so much mess involving financial, health, employment, business and interpersonal relationship crises, people using these medical products are left with no choice but resort to legal action.
Take, for example, DePuy Pinnacle Hip Replacement medical liability case.
Manufactured by Johnson & Johnson subsidiary DePuy Orthopaedics, DePuy Pinnacle Hip Replacement is a total hip replacement system. Before our subject defendant came into the market, there were already two other implants in the market--the ASR XL Acetabular System and the ASR Hip Resurfacing System-- that have wrought health risks to its users. Much like the two defective medical devices,DePuy Pinnacle Hip Replacement can cause the following debilitating side effects:
But, wait! There's more.When grinding components cause metal flakes to shed from the system, the implant wears down. The resulting metal toxicity (also called metallosis) causes the following side effects:
Eventually, DePuy has been recalled in the market. But what happens to those suffering the medical device's ill effects? This is where a class action comes in.
Many medical device cases such as the one exemplified above involve users scattered all over the country. It is not an exaggeration, therefore, to surmise that such devices were implanted to about a thousand patients.As such, it is thus beneficial for everyone concerned to bring a class action lawsuit rather than individuals filing their own cases.Class action lawsuits are ideal in a situation where a group of people is affected by the same faulty product. The class action makes a streamlined process for all claimants. As a matter of fact, those who are affected by product recalls such as DePuy's receive notice of and an offer to get involved in the class action lawsuit.
Individuals may also find out on their own if there are ongoing class action lawsuits. Those who are suffering financially and physically due to faulty medical products have the right to hold manufacturers accountable by raising their cases in the legal arena.
Take, for example, DePuy Pinnacle Hip Replacement medical liability case.
Manufactured by Johnson & Johnson subsidiary DePuy Orthopaedics, DePuy Pinnacle Hip Replacement is a total hip replacement system. Before our subject defendant came into the market, there were already two other implants in the market--the ASR XL Acetabular System and the ASR Hip Resurfacing System-- that have wrought health risks to its users. Much like the two defective medical devices,DePuy Pinnacle Hip Replacement can cause the following debilitating side effects:
- Extreme pain (even when not moving)
- Swelling and inflammation
- Loosening of the implant
- Dislocation
- Bone deterioration
- Hip replacement failure
- Metal toxicity from grinding metal components
- Necessary subsequent hip replacement revision or surgeries
But, wait! There's more.When grinding components cause metal flakes to shed from the system, the implant wears down. The resulting metal toxicity (also called metallosis) causes the following side effects:
- Confusion
- Feelings of malaise
- Gastrointestinal problems
- Emotional disturbance
- Recurring infections
- Dizziness
- Headaches
- Abnormalities in the nervous system (feelings of burning, tingling, or numbness of the extremities)
- Cobalt poisoning (skin rashes, cardiomyopathy, problems with hearing, sight or cognition, tremors, and hypothyroidism)
Eventually, DePuy has been recalled in the market. But what happens to those suffering the medical device's ill effects? This is where a class action comes in.
Many medical device cases such as the one exemplified above involve users scattered all over the country. It is not an exaggeration, therefore, to surmise that such devices were implanted to about a thousand patients.As such, it is thus beneficial for everyone concerned to bring a class action lawsuit rather than individuals filing their own cases.Class action lawsuits are ideal in a situation where a group of people is affected by the same faulty product. The class action makes a streamlined process for all claimants. As a matter of fact, those who are affected by product recalls such as DePuy's receive notice of and an offer to get involved in the class action lawsuit.
Individuals may also find out on their own if there are ongoing class action lawsuits. Those who are suffering financially and physically due to faulty medical products have the right to hold manufacturers accountable by raising their cases in the legal arena.
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