Charles E. Boyk Law Offices, LLC
The number of hip implants has more than doubled in recent years. For many, a successful hip implant promises pain-free mobility. Sadly, sometimes errors from medical personnel or a malfunctioning device can prevent the patient from realizing the pain-free life they hoped for. For those individuals, Ohio law provides an opportunity to recoup the damages caused by a faulty hip replacement with the help of a skilled injury attorney on one’s side. DePuy Synthes Companies, a franchise of orthopedic and neurosurgery companies, was bought by Johnson & Johnson in 1998 and has been responsible for many of these faulty hip replacements. To learn about Ohio’s law on hip replacement and your legal options going forward, consider speaking with a DePuy hip replacement lawyer who can answer any questions.
All medical procedures carry some risks. Hip replacement surgery is no exception. However, it is the responsibility of the doctor to warn a patient about the risks of each surgery and tell them about any reasonable alternatives. Under Section 2317.54 of the Ohio Code, doctors must attain informed consent from the patient. For hip replacement surgeries, this includes informing the patient about the history of malfunctioning devices, especially metal-on-metal hip replacements.
Metal-on-metal hip replacements were once considered more durable and long-lasting. However, a host of problems due to these hip replacements changed that once universally-held opinion. Metal-on-metal hip replacements cause high levels of cobalt, chromium, and other metal debris in the bloodstream. Further, the devices are not sturdy and the loosening of the hip replacement causes bone loss as well as cracking and popping on the bones around the hip. The FDA has a full list of the risks that come with metal-on-metal hip replacements that a knowledgeable DePuy hip replacement lawyer can use to a plaintiff’s advantage.
There are few products on the market that have as many problems and recalls as hip replacements. For that reason, most lawsuits involving hip replacement surgery deal with faulty products. In 2011, The New York Times reported that the Articular Surface Replacement (ASR) device used in hip replacement surgeries received complaints 75% of the time. Johnson & Johnson, the maker of the ASR, pulled the product the same year but continued to sell its Pinnacle model, a similar hip replacement product with the same problems. In November 2017, the 9,000 patients that sued Johnson & Johnson collectively received $247 million in damages for the faulty product.
Ohio law provides a remedy for those injured by a faulty product. Under Section 2307.73 of the Ohio Code, it is illegal to sell a defective product on the market in Ohio, and the manufacturer can be held legally responsible for the damages they cause. Know that a dedicated DePuy hip replacement lawyer can work to hold these companies liable for your deserved compensation.
A hip replacement surgery that ends up failing and causing the patient pain is a terrible experience. While no one can take away the pain, Ohio law does protect those who suffered injuries. To learn more about your legal options, consider contacting a skilled DePuy hip replacement lawyer today for your initial consultation.