A California construction worker has sued Johnson & Johnson over a defective implanted hip- replacement that the maker kept selling even after adverse reports started surfacing. The unit of Johnson & Johnson named in the complaint is DePuy Orthopaedics. Plaintiff, Maurice Brigham, says that DePuy knew that 93,000 patients had experienced problems with their hip implants and had to undergo a second corrective surgery due to a product defect. Brigham had to undergo two implants in 2007 alone, reports Bloomberg.
The name of the medical device is ASR Hip Implant Device and it was recalled August 26, 2010. Brigham’s attorney says the company knew for two years that the product was failing, yet sold the defective device anyway. The Food and Drug Administration (FDA) has warned DePuy against selling two other brands of hip replacement devices for unapproved uses.
The medical device game is very lucrative. DePuy made more than $5.4 billion in sales last year. Expect this to be the beginning of thousands of product liability cases.
In a Florida product liability claim, it must be proven that there is something wrong with a product, in this case a medical device. The medical device could have a faulty design or it could have been manufactured poorly enough to cause injury. In both of these instances, J & J and DePuy could be accused with a failure to warn.
If you or someone you care about has seen your life changed because of a defective hip replacement product, the experienced Florida hip replacement recall injury attorneys at Farah and Farah can help you pursue compensation. Contact us today for more information about your legal rights and options.