Product Liability and Medical Device

Jan 25

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.

Hip Replacement

Sep 08

We have a new product liability case involving a defective hip replacement part. Getting what is removed from the patient’s body, the ex plant, is an interesting process. When implants are removed from a person they are called explants. The explants are then sent to the lab for biopsy. After this they are delivered to a company that stores them until needed either for examination by experts or use at trial. It is important that the parts are kept by a third party as this maintains the chain of evidence. Maintaining the chain of evidence is important as it can be demonstrated who had the evidence, when they had it and for what purpose they had it. This helps in preventing allegations of tampering with evidence.