Surgery is almost always performed with the intent of improving health. Implants are typically used in a New Jersey surgery as a substitution for natural body parts that are not functioning as intended. It is devastating to people who have surgery to replace a joint that does more damage than good. In such cases a products liability claim may be appropriate.
A woman underwent surgery to replace her hip with an artificial replacement a few years ago. Her own hip was no longer functioning well, and the purpose of the surgery was to improve her quality of life. Instead, she ended up with additional medical problems related to the artificial hip.
Shortly after the original surgery, the woman began to experience significant pain related to her hip replacement. She had physical tests to determine if the hip was working properly, and blood tests documented there was a serious problem. Her blood carried significant levels of heavy metals from corrosion of the implant. There was an adverse reaction in the body tissue near the implant.
Since the original surgery, the woman has undergone additional surgeries to correct the problem. In an attempt to hold the New Jersey manufacturer responsible, she has brought a claim against Howmedica for making a defective device. She and others like her who have suffered similar injuries have the option of pursuing products liability claims against manufacturer where evidence suggests negligence in the making and distribution of the product. While it remains to be seen how this litigation will be resolved, those suffering injury caused by defectively made products have recourse under state and federal laws.
Source: Pennsylvania Record, “N.J.-based Howmedica Osteonics faces product liability complaint over defect hip implant device,” Jon Campisi, March 20, 2013
