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Stryker Rejuvenate Hip Replacement Implant Injury Attorney

Recent reports indicate that the Stryker Rejuvenate Hip Implant was recalled due to an influx of incidents reported to the FDA. According to the reports recipients were suffering from a number of different illnesses after the device was surgically implanted. Reports of metallosis, cobalt poisoning and other injuries were alarming. Many implant patients were forced to have revision surgery to have the implant removed. This revision process can be painful at times does not cure the permanent long-lasting injuries. It is important that you seek proper medical attention for your injuries. In many cases patients who received the Rejuvenate Hip Implant are required to have multiple surgeries to correct the process. In such cases you are entitled to full compensation for the injuries and pain you have suffered as a result of this defective product.

What Type of Case Do I Have?

Hip Replacement Lawsuits

Manufacturers and Medical Doctors may be held liable for defective implant injuries

Many clients feel that they have a medical malpractice claim. However this is generally not the claim. A medical malpractice claim is against the doctor who conducted the procedure or operation. Unless the doctor or surgeon was negligent, you will not be able to pursue a medical malpractice claim. Instead your recourse will be in the way of a product defect or product liability claim. Our office will evaluate all medical records before we make this determination. If it shown that the doctors were negligent in the installation of the device, then a medical malpractice claim is plausible. Although if the injuries were not from the surgical operation, but because the product was defective, then you have to pursue a case against the device manufacturer. A detailed explanation of product liability cases against manufacturers are discussed below.

Who Is Liable?

Liability is generally imposed on the manufacturer of the product. When a manufacturer produces a defective product they will be held liable. In fact any commercial seller within the chain of distribution will be held liable. This includes manufacturers, re sellers  wholesaler and other suppliers. A product can be considered defective for various reasons. It can be a (1) design defect; (2) manufacturing defect; or (3) failure to warn defect. Each of these are discussed in detail below.
  • Design defects refer to an inherent design flaw in the product. A design defect exist when the prototype, which the product was designed from is defective. Therefore making all similarly designed products defective.
  • Manufacturing defects refer to those that occur during the assembly phase of the product. With respect to Stryker metal on metal hip implants, it does not appear that a manufacturing issue is to blame.
  • Failure to warn defects are those which arise from the manufacturer not warning or informing its users of all potential risks. Failure to warn against the potential metal poisoning would be considered a failure to warn issue.
Thus the manufacturer would be held liable for the production and sale of these defective products. This will allow the injured party the ability to recover for any losses or injuries sustained. Losses can include pain and suffering, loss of income and other injuries sustained from the surgery. Getting Compensation for Your Injuries Damages in a metal and metal hip implant case are different in every case. If you are required to have multiple revision surgeries to remove the implant or if you have suffered metal poisoning the value of your case can be different. You are entitled to reimbursement for the following types of injuries:
  • Loss of income
  • Loss of services
  • Pain and suffering
  • Medical bills
  • Future loss of earnings
If you have been injured contact our offices for a free case evaluation.

How Long Do I Have to File a Case?

Product liability statutes are different in every state. To see a full list click here. These statutory deadlines allow for you to file a claim within a certain time period. If you fail or do not

Speak to A Personal Injury Lawyer

Our offices are available to answer any questions you may have. If you have been injured contact our product liability lawyers at Downtown L.A. Law. Our offices are currently accepting cases nationwide. We urge our clients to contact our offices for a free case evaluation in order to better understand their rights. Many times there are certain deadlines which needs to be met. We look forward to assisting you in your claim.
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