Products Liability Lawsuit Alleges Client Implanted With Defective Hip Replacement System
July 25, 2008
Rapoport Weisberg & Sims P.C. filed a product liability lawsuit today on behalf of a 54-year-old woman who had a defective hip replacement system implanted into her during a right total hip replacement surgery on March 21, 2007. According to the product liability lawsuit, defendants Stryker Corporation, Stryker Ireland, Ltd., and Howmedica Osteonics Corporation have been manufacturing, distributing and selling the defective Trident brand ceramic on ceramic hip replacement systems in the United States since 2003, and continued to do so despite being warned by the United States Food and Drug Administration (FDA) that these hip replacement systems were in violation of federal safety requirements.
The product liability lawsuit alleges that by early 2005, the defendants received numerous complaints indicating their hip replacement systems were failing after being implanted. On March 13, 2006, the defendants recalled a batch of component parts for their hip replacement systems due to “dimensional anomalies.” In November of 2006, following an inspection of their Ireland manufacturing facility, the defendants were notified by the FDA of numerous deficiencies in their manufacturing and inspection processes involving their hip replacement systems. On March 15, 2007, six days before the plaintiff’s right total hip replacement, after the defendants failed to take any appropriate corrective measures in response to the FDA findings, the FDA issued a stern warning letter telling the defendants that Trident Acetabular Hip Systems were “adulterated” due to manufacturing methods not in conformity with industry and regulatory standards.
The lawsuit alleges that despite knowing all of this, the defendants continued to supply Trident Acetabular Hip Systems to orthopedic surgeons, including plaintiff’s surgeon, without revealing the artificial hips had been discovered to be out of compliance with defendant’s specifications, industry standards and regulatory standards. In fact, it was not until February of 2008 that the defendants finally sent plaintiff’s surgeon notice of an “Urgent Product Recall” of the defective components of these hip replacement systems. As a direct result of this, the plaintiff had the unreasonably dangerous and defective hip replacement system implanted into her, resulting in permanent injuries and extensive damages, including an unstable right hip, pain, suffering, disability, loss of a normal life, delayed medical care for her left hip and the need for additional medical procedures including a revision of her right total hip replacement surgery.
Rapoport Weisberg & Sims P.C. is a personal injury law firm based in Chicago, Illinois. The personal injury attorneys at Rapoport Weisberg & Sims P.C. have achieved multimillion-dollar verdicts and settlements for individuals with lawsuits arising from medical malpractice, product liability, semitruck and motor vehicle accidents, workplace injuries and construction accidents in Illinois and Wisconsin. Rapoport Weisberg & Sims P.C.’s premier aviation negligence lawyers represent victims of commercial and general aviation disasters nationwide.