What is a defective medical device claim? A defective medical device claim is a type of product liability claim in which a person is injured as the result of defective medical device or equipment. When a device is inserted by a doctor, it is usually assumed that the instrument will help treat a medical condition. Unfortunately, some medical devices have dangerous side effects which can be serious or even life-threatening. What is a product liability claim involving DePuy Hip Implants? A product liability or defective product claim for DePuy Hip Implants is based on the following: 1. There was a duty of care owed by the DePuy Hip Implants manufacturer to warn of dangers associated with the product's expected and normal use; 2. There was a failure in the duty of care owed by the DePuy Hip Implants manufacturer; and 3. The failure resulted in an injury related to the use of DePuy Hip Implants. Aren’t DePuy Hip Implants safe since they were approved by the FDA? During the development of a medical device, testing is conducted to make sure the device does not have dangerous side effects or deficiencies. Even if certain side effects are found to exist, the U.S. Food and Drug Administration (FDA) may still approve the device as long as the dangerous side effects do not occur too often. Once a medical device is released into the marketplace and a large number of people begin to use it, we sometimes discover that the occurrence of dangerous side effects or deficiencies are more prevalent than originally thought during the FDA approval process. Approval by the FDA does not by itself mean any particular medical device is completely safe. Must I prove my injuries were caused by DePuy Hip Implants? Yes. To prevail on a product liability claim, one must also show that the defective product (i.e., DePuy Hip Implant) was the cause of one's injury and the injured person sustained compensatory damages such as medical bills, lost wages, etc. Has anyone received damages for an injury caused by DePuy Hip Implants? If the problems are serious enough, surgery may be required to swap a new hip for the defective one. DePuy says it will pay for reasonable and customary costs of testing, treatment and replacement surgery. Help If You’ve Been Injured by a Defective DePuy Hip Implant Many people have suffered injuries due to defective DePuy Hip Implants. At O’Hanlon, McCollom & Demerath, our products liability attorneys understand that your injuries may be the result of a defective medical device. If you suspect you have an injury related to a defective DePuy Hip Implant and need to talk to an experienced team of professionals, please contact us immediately to discuss your case.

• DePuy Hip Lawsuit
• What Are DePuy Hip Implants
• DePuy Hip Implants Recalled
• DePuy Hip Implant Problems
• Product Liability Claims Explained
• Frequently Asked Questions

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