What Happens When a Manufacturer Issues a Recall?
With most metal on metal hip implants having reports of complications, you may be wondering what steps you should take if you have received an implant.
If you suspect that your hip implant may be causing complications or may be one of those subject to a recall, first contact your doctor’s office to get more information about the device that was implanted.
If you are presenting with complications, your doctor will likely examine you and perform any necessary tests to establish whether you need a revision surgery or not.
In many cases, the device manufacturers themselves issued a recall and have set aside a certain amount of money to compensate patients for revision surgeries and immediate costs related to the defective hip implant.
This is where it is important to consult with an experienced attorney about your options. Instead of accepting the compensation that the manufacturer may offer you as a part of the recall, you may choose to pursue a lawsuit instead. There are many advantages to doing so. A recall may pay for your immediate medical costs, but a lawsuit will provide you with a much more complete recovery, possibly including pain and suffering, lost wages, etc.
In addition, participating in a lawsuit holds the device manufacturer responsible for its negligent actions, and may help others avoid such problems in the future.
The manufacturers benefit the most by having you agree to their recall compensation. In doing so, you will sign away your rights to sue them, and they will be paying you much less than they would be in a lawsuit. Often manufacturers will set up a helpline for patients who are having complications. Be very careful of what you say to these representatives, as anything you say can be used to limit your rights in the future.
You are best served by contacting an attorney, and not discussing your case with anyone else.
If you do require a revision surgery in which the old device will be removed and replaced with a new one, your attorney will arrange to have your device picked up and stored in a safe place by a medical device company. We will send your doctor a Medical Device Preservation Letter in order to ensure that this is done properly. This safeguards your device as evidence and ensures that it is not returned to the original manufacturer.
An experienced medical device attorney can help you every step of the way while protecting your legal rights. Metal on metal hip implant manufacturers should be held responsible for their failure to ensure the safety of their devices before placing them on the market. If you have been injured by a hip implant, contact us to discuss your rights today.