Pursuing Product Liability Claim due to a Defective and Injurious Medical Product

In 2005, the U.S. Food and Drug Administration (FDA) approved the use of the DePuy ASR XL Acetabular metal-on-metal (MoM) hip replacement. This artificial medical product was intended as a longer and lasting alternative to metal-on-plastic and metal-on-ceramic hip replacement systems. Compared to the other two hip joint replacement products, this metal-on-metal hip replacement had higher resistance against deterioration and was designed to withstand more vigorous activities; thus, doctors saw it as as a more sound choice for younger and more active patients.

The hip joint, also called the ball and socket joint, is one largest joints in the human body. Its major function is to provide support to the upper body by supporting the upper body’s full weight while standing, walking, running, bending or stretching.

Full weight support and performance of regular activities (without experiencing pain), however, are possible only if the hip is completely healthy; once an injury or a disease damages the hip joint a person’s movements will definitely be affected.

Examples of injuries and diseases that can damage the hip joint include; a forceful blow, such as one created in motor vehicle accidents; falls, which can cause hip fracture; osteoarthritis, or wear and tear arthritis, which can result to the painful rubbing of the bones; and, rheumatoid arthritis, which is a result of the immune system mistakenly attacking the joints’ lining, causing inflammation in these joints. Though the hip is supported by strong and large thigh muscles, this it can be damaged if a person experiences any of the factors indicated above.

A damaged hip joint can cause persistent pain and can make daily activities quite challenging to perform. To correct this medical condition and so relieve patients from so much pain, doctors, since the 1960s, have recommended hip replacement surgery using a prosthesis, which is an artificial joint. A prosthesis is meant to improve the quality of patient’s lives and the function of their hips.

Hip replacement systems, however, had parts that rub against one another, discharging tiny particles inside its host’s body in the process. This problem was a more serious case where the metal-on-metal hip replacement product was used and, in order to correct the problem created, a reconstructive or replacement surgery was usually necessitated to repair joint failure and tissues damaged by the device.

Besides joint failure and tissue damage, the metal-on-metal hip replacement also caused: Metallosis or metal poisoning; Osteolysis or bone loss; Systemic metallosis or the inflammation of the whole body due to presence of metal ions; Pseudotumors or the development of tumor-like deposits around affected joints; and, Bone fracture, which is the weakening of the bones surrounding the hip implant resulting to their breakage.

As explained by a Wausau personal injury attorney, any kind of product, but more specifically, medical devices and drugs, should be clinically tested first to fully determine their safety and effectivity. If a medical device ends up causing harm to any patient, then this patient should think of filing a product liability claim against the defective product’s manufacturer to recover compensation for his/her injuries.

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Car Defect/Malfunction

All drivers aspire to be as safe as they can be on the road. They learn to be cautious themselves and to drive defensively, or to be wary of drivers that are not operating their vehicles as cautiously as they are. However, at times they find that no matter how cautious they are, they cannot avoid falling victim to a dangerous accident. This can occur when there is a problem, a defect or malfunction with the vehicle itself. In these cases, a driver who is doing everything right could still lose control of their vehicle and cause a dangerous accident. It is important for drivers to be wary of these dangers so that they know how to recognize them and avoid them if they occur.

According to the website jeffsampsonlaw.com, common car defects or malfunction a driver could encounter include: seat belt defects, brake malfunction, tire defects, air bag defects, child car seat defects. These defects can be dangerous in that they cause an accident, or they can worsen an accident that is already underway if it is the safety features malfunctioning. Either way, the driver and passengers of a malfunctioning vehicle are in great danger. Drivers rely on their vehicles to function properly and to protect them In the case of a severe crash. If a vehicle malfunctions to the point it is beyond the control of the driver, than the driver cannot be held accountable for the resulting accident.

Car accidents can result in tragic injuries. In many cases car accidents are just that- accidents. They could not have been prevented by any one party. However in some cases accidents are not the fault of the driver, but were preventable by another party, such as a manufacturer, who should recall the car if there is a serious defect. This is the case in instances where the car itself malfunctions or parts are defective and this causes the driver to crash. In these cases the victim of such an accident may be owed certain damages.

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Snow Thrower Hazards

A white Christmas is something that many children (and a lot of adults) look forward to. Snow is pretty, and snow can be a lot of fun, but it can also be a pain in the backside when it piles up. Snow throwers make the job of getting rid of these mounds of snow much easier, but they also pose a bit of risk even under the best of circumstances.

Snow throwers are essentially motor-driven auger blades going at high speed, so there is always a chance that someone who doesn’t know how to operate it properly will get hurt. In some instances, however, the snow thrower poses a greater than normal risk of injury when there is a defect in the design or certain parts. An example discussed on the website of Habush Habush & Rottier S.C. ® refers to certain brands of snow throwers that were fitted with defective wheel rims. The defect caused the wheels to explode, sending shrapnel that could lead to facial lacerations and amputated fingers. The website identified snow throwers manufactured from July 2004 to March 2006 for Craftsman, Yard Machines, and Troy-Bilt brands, and lawsuits were filed against responsible parties.

More recently, another brand of snow throwers was put on the legal hot seat, this time for a tendency of the motor to catch fire. The Consumer Product Safety Commission (CPSC) identified All Power America single stage snow throwers (model number SBO44P) sold in hardware stores between September 2012 and December 2013. The problem was traced to the carburetor needle which corroded with prolonged exposure to Chinese gasoline. This led to a fuel leak which would then simply require a spark to set it off.

The dangers of these defective snow throwers are obvious, and should be address. Negligent manufacturers or retailers may be held accountable for any injuries these products may cause. Contact a competent personal injury lawyer in your area for more information.

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