All metal hip implants, the newest line of artificial hips, are failing all over the U.S., the New York Times reported today. The FDA (Food and Drug Administration) has received more than 5,000 complaints since January about the “metal-on-metal” implants (both the artificial ball and cup are made of metal). As a result, many recipients of all-metal hips must undergo replacement surgery after only a few years (artificial hips should last about 15). Some patients have suffered injuries from minute pieces of chromium and cobalt shedding from the metal hips. In such cases pain, rashes and inflammation are common.
Hip replacement has come to be one of the most widely performed medical procedures in the United States. As a result, there are an estimated 500,000 patients who received all-metal replacement hips. Many of these hips were sold without testing in patients.
Because of the high rate of failure of the metal-on-metal hips, most surgeons are going back to the old metal-and-plastic ones.
Patients who have received metal-on-metal hips may have a valid products liability claim against the manufacturers. They are entitled to claim compensation for their lost wages, medical expenses and pain and suffering, which includes compensation for the ordeal of going through with an additional hip replacement.
Under New York defective products law, a person injured by a defective or dangerous product doesn’t need to show that the manufacturer was negligent or careless, but only that the product was unreasonably dangerous. This means that even if the manufacturer did not know and could not have known there would be problems with the metal-on-metal hip replacements, they can be held liable for the damages that the product causes, if it is found to be unreasonably dangerous.
Patients who have a failed hip replacement should contact a New York products liability lawyer to understand their rights.
Email me at: firstname.lastname@example.org I’d love to hear from you!
Michael G. Bersani, Esq.
Central NY Personal Injury Lawyer Michaels & Smolak, P.C.