The harm and injury a defective device wreaks could take its toll heavily on the buyers of defective products. 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. Manufacturers have been cautious about creating products to be sold to the public when this area of the law came about. Still, there are products available that inflict varying stages of harm to consumers.

Recipients of the ASR XL Acetabular System and ASR Hip Resurfacing System have complained of hip pain after going through the surgery. Further examination revealed that the hip prostheses failed and that twelve percent of all recipients are requiring a revision surgery. Furthermore, it was also reported that parts of the ASR device rub together and send metal particles into the bloodstream causing cobalt poisoning. Patients who have received defective ASR devices have then filed lawsuit upon lawsuit after DePuy recalled their products.

DePuy Hip Replacement Lawsuit
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Apparently, DePuy is not the only one who is facing legal charges in the hip recall. After being implanted with a DePuy device by an orthopedist based in California, the patient started having complications leading him to file a lawsuit. Alleging a breach of fiduciary duty, the plaintiff claimed that Dr. Thomas Schmalzried neglected informing his patient of his financial affiliation with DePuy. Being as Dr. Schalzried is a co-developer of the ASR hip implants, he was reported to have received $10 million in royalty payment from DePuy.

Even if the circumstances surrounding the lawsuit is atypical, there is still a basis behind the claim. As stated by Rochelle Rottenstein of the Rottenstein Law Group, “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. To make some consultants promote their ASR devices, DePuy paid them a substantial amount. Still, hiring a lawyer and filing a DePuy hip lawsuit could prove to help you in gaining monetary and non-monetary losses you have gone through.