A California-Based Orthopedist Sued Over DePuy Hip Recall

When a certain product is unsafe or defective, the person involved are usually the ones enduring and paying for the damage or harm inflicted. A consumer can file a lawsuit against a person or entity which designed, manufactured, sold or furnished the defective product. Consumers have been protected by this law and has made manufacturers careful about the products they create. Still, there are products available that inflict varying stages of harm to consumers.

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Recipients of the ASR XL Acetabular System and ASR Hip Resurfacing System have complained of hip pain after going through the surgery. Added inspection have revealed that the hip implants fail considerably earlier than the average device and that one in eight recipients need a revision surgery to repair damages. Furthermore, it was also reported that parts of the ASR device rub together and send metal particles into the bloodstream causing cobalt poisoning. As a result, recipients have been clamoring for justice by filing charges against DePuy.

DePuy Hip Replacement Lawsuit

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It turns out that DePuy is not alone in facing charges amidst the hip replacement recall. An orthopedist based in California is being confronted by a patient he performed a hip replacement surgery on. Dr. Thomas Schmalzried has allegedly breached his fiduciary duties by failing to inform his patient that he has a financial interest with regards to DePuy products. As co-developer of the ASR devices, Dr. Schmalzried was found to have received about $10 million as royalty payment.

Although it would seem that the case is unusual, there may be grounds for this 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.”

A second medical opinion may be necessary to assess your hip even though it is not common for an orthopedist to be held liable for the DePuy recall. There are a number of consultants who have been paid by the company to promote their products. 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.

Related posts:

  1. Taking A Look at Johnson & Johnson’s Profits After The DePuy Hip Replacement Recall

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