Proving Negligence in Hip Implant Recalls

Greenville and Spartanburg, South Carolina

Proving negligence in cases involving defective medical devices, such as the recalled Stryker hip implants and DePuy hip implants, is more complicated than with other types of product liability cases. The burden of proof is much stricter for these types of cases.

The attorneys at McWhirter, Bellinger & Associates have handled many hip recall cases, and we understand the laws governing these cases. We can guide you through this complicated process to ensure you receive the compensation you deserve. Please call 800-694-0994 today to schedule a free consultation with one of our Spartanburg hip replacement lawyers.

Burden of Proof in Hip Implant Recall Cases

In hip implant recall cases, you must demonstrate that the device manufacturer’s actions were negligent in some way. In other words, you must prove that the hip implant manufacturer failed to use reasonable care to ensure their device was safe. This includes carefully explaining all potential risks to doctors using the hip implant device, and performing ongoing safety evaluations after the product has been introduced to the market.

In order to prove negligence, one of the following situations must exist:

  • Failure to warn – Hip implant manufacturers must warn all medical professionals of any known risks or side effects associated with the device, and provide doctors with all necessary information to safely install and monitor the implant in patients. Failure to do so constitutes negligence.
  • Inadequate warning – If a hip implant manufacturer provides a warning that does not convey the true extent of the risks to patients, leaves out recent information regarding risks, or presents the information in a manner that downplays the seriousness of these risks, then the warning may be considered inadequate, constituting negligence.
  • Inadequate care in design/production – If the hip implant manufacturer fails to meet accepted industry standards in designing, testing, producing, delivering, or handling the device, it is considered negligence.
  • False marketing – Overly aggressive advertising tactics which market the hip implant to doctors for uses which it wasn’t approved can increase the number of people injured and constitutes negligence.
  • Failure to respond – Failure to take appropriate actions such as initiate a recall or retrofit the device after safety issues are discovered is considered an act of negligence.

 McWhirter, Bellinger & Associates Can Help

The attorneys at McWhirter, Bellinger & Associates have chosen to make hip replacement lawsuits a primary focus of our practice in recent years due to the many injuries caused by these defective medical devices. Our hip replacement lawyers understand the complex medical issues associated with these cases, and we will work with a team of experts who will help us conclusively prove that the device manufacturer’s negligent actions directly caused your injuries.

Please contact McWhirter, Bellinger & Associates today to schedule your free hip recall consultation. We serve clients in Spartanburg and Greenville, South Carolina.