Caroselli, Beachler & Coleman, L.L.C.

Another replacement hip manufacturer sued

A Pennsylvania woman has sued the manufacturer of an artificial hip replacement system. We have already heard of a large number of problems concerning hip replacement surgeries involving systems manufactured by Johnson & Johnson, but the system here in question for this products liability matter involves Howmedica Osteonics.

The complaint for this lawsuit contains counts concerning breach of express warranty, strict liability, negligence and negligent misrepresentation. The attorney for the plaintiff in this matter alleged that the woman suffered injury due to heavy metal contamination - a type of corrosion that Howmedica apparently warranted would not occur.

The possibility of failures in hip replacement procedures are claimed to have been documented since the 1980s. The company had also recalled similar medical devices in 2012 as these devices also had corrosion problems. And as the plaintiff did undergo revision surgery sometimes later, medical documentation seems to demonstrate that corrosion did also occur in her specific case.

In Pennsylvania, the laws concerning products liability require demonstration that the steps taken in production of a product led to injury. There may also be a number of parties responsible for the injury beside the manufacturer. The wholesaler, the retailer, or individuals that installed a particular product may be held liable as well. It's generally a good idea to speak to an attorney to determine if any other individuals or entities can be held liable.

In any event, we especially need to hold parties accountable when the device in question involves a product inserted into an individual's property. We cannot afford for manufacturers (or others) to lower their standards in relation to such products.

Source: The Pennsylvania Record, "N.J.-based Howmedica Osteonics faces product liability complaint over defect hip implant device," by Jon Campisi, March 20, 2013

  • Our Pittsburgh lawyers' webpage contains more information regarding products liability matters.

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Caroselli, Beachler & Coleman, L.L.C.
20 Stanwix Street, Seventh Floor
Pittsburgh, PA 15222

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