Flawed prosthetics lead to product liability suit

by | Feb 11, 2019 | Product Liability | 0 comments

As the American population ages, hip replacement surgery has become ever more common as the older population strives to remain active in their older years in New Mexico and across the country. The artificial joints that are used have changed and been improved upon over time. Earlier designs, created by Johnson & Johnson’s orthopedic division, were found to be faulty and ended up in a product liability case. The devices were known as the ASR XL and Pinnacle Ultamet.

Two models marketed by the company did not live up to the company’s marketing. The people who received the implants required revision surgeries sooner than indicated by the company’s stated time frame. These surgeries led to complications, including allergic reactions, additional pain and instances of tissue necrosis.

Companies should not be able to mislead consumers regarding the durability and expected life of a prosthetic device. The company issued a voluntary recall for the prosthetics. The ASR XL recall was issued in 2010 and the other in 2013. The company has agreed to pay $120 million to settle the claims that were made in more than 46 states.

Americans are living longer and look to health care professionals to help them maintain health and mobility into their later years. Accurate information is crucial to making the correct decision regarding one’s health care. If anyone in New Mexico believes he or she may have received incorrect or inaccurate information that led to a negative health outcome, a consultation with an attorney experienced in product liability cases could prove beneficial. A successfully litigated civil lawsuit could provide compensation for medical costs, pain and suffering and other verifiable losses.