A California-Based Orthopedist Sued Over DePuy Hip Recall
Typically, the person involved are the ones who have had to endure the pain and suffering caused by the flawed items. As in product liablity lawsuits, a person can file charges against a person or corporation that is in charge of the development, fabrication and sale of the defective item. When this area of law have emerged, manufacturers have begun taking extra measures in ensuring that their products are safe for public consumption. However, that does not change the fact that there are still products made available in the market that cause differing ranges of damage.
Recipients of the ASR XL Acetabular System and ASR Hip Resurfacing System have complained of hip pain after going through the surgery. Added inspection have revealed that the hip implants fail considerably earlier than the average device and that one in eight recipients need a revision surgery to repair damages. Additionally, recent news have it that parts of the devices flake off and settle leaving the recipient with high levels of cobalt and chromium in the system. DePuy in turn have been filed lawsuit after lawsuit in the aftermath of their recall.
DePuy Hip Replacement Lawsuit
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Apparently, DePuy is not the only one who is facing legal charges in the hip recall. A California-based orthopedist have implanted a DePuy device that failed and is now facing charges. By failing to disclose the fact that Dr. Thomas Schmalzried had financial links with DePuy Orthopaedics, the patient claims a breach of fidurciary duty have been made. A total of $10 million was said to have been paid to Dr. Schmalzried as co-developer of the ASR devices.
Although it would seem that the case is unusual, there may be grounds for this claim. Rochelle Rottenstein of the Rottenstein Law Group stated, “While we generally discourage our clients from suing doctors who have unwittingly implanted defective devices, the Schmalzried lawsuit is a unique situation, since that surgeon allegedly participated in the design of the ASR and was on DePuy’s payroll.”
Although it is seldom the case that your own orthopedist had a hand in contributing to your injury, it may be a wise idea to seek a second opinion regarding the status of your hip device. There are a number of consultants who have been paid by the company to promote their products. Nonetheless, filing a DePuy hip replacement lawsuit immediately could spell the difference between settling for a measly amount DePuy is permitting to offer or reclaiming the losses you have had to go through.