One area of law that has seen growth is product liability and specifically hip replacement issues. There are two reasons for product liability 1) design defect and 2) manufacturing defect. In order to prevail on a product liability case the Plaintiff has to show that the product was defective and the injury occurred because of the defect. Proving a product is defective can be difficult. One generally needs experts to prove this. However, if a product has been recalled, it is easier to prove a defect. The FDA’s website has information on medical devices that have been recalled. The FDA publishes an Enforcement Report on a weekly basis. If a product has been recalled that is a good place to start research.
We currently have a product liability case involving a medical device that was recalled after it was implanted in our client. If you have any questions about product liability please do not hesitate to contact us.