Do Artificial Hips And Knees Need a Lemon Law?

Florida Defective ProductsShould artificial hip and knee replacements in the United States come with a warranty? Consumer Union, the policy arm of Consumer Reports, thinks so, and is calling for the defective medical devices to be dealt with in much the same way that defective automobiles are dealt with in the United States.

According to Consumer Reports, nearly 20 percent of hip replacements and 10 percent of knee replacements require revision surgery. This often has to be done because the product is defective. Consumer Union posits the question: if an automobile manufacturer must pay to have a defective part repaired, why not the manufacturers of defective hip and knee replacements?

Often, patients and insurers are on the hook for the cost of revision surgeries. Consumers Union says that manufacturers of hip and knee replacements should offer a warranty that would guarantee to replace defective devices at no cost. They claim that this is not only fair, but will encourage companies to make their devices more durable and safe.

The Consumer Union’s Safe Patient Project looked at the statistics over the past 10 years and found that virtually all major medical device manufacturers have recalled at least one product line.

“Medical device companies claim that the current law provides adequate protection for patients and that their implants are dependable and safe,” the director of the Safe Patient Project told Consumer Reports. “If that’s the case, they should have no objection to offering warranties to back up those claims. Patients and taxpayers shouldn’t be on the hook for the cost of replacing devices when they fail.”

The defective medical device attorneys at Farah & Farah in Jacksonville believe that medical device manufacturers should be held accountable for the products they sell and distribute. If you have suffered an injury due to a defective hip or knee replacement, contact our knowledgeable and dedicated legal team to learn about your legal options.

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