Picture This:

You have had constant pain in your left hip for years, and it even puts a damper on your quality of life at times. You can’t go on that ski trip that your kids have always wanted, or take the dog out for morning runs. Doctors have told you again and again that surgery is your only option, but it isn’t very appealing to you. You don’t have the time for a lengthy recovery, nor the hours needed at physical therapy in order to regain strength.

As daunting as the recovery may be, you can no longer live in pain and decide to take your doctor’s medical advice. You finally build up the strength to put your health first and have a hip replacement procedure done. After a few consultations and a brief hospital stay, your once bad hip has now been replaced with a shiny new metal-on-metal hip implant.

A few months after surgery, you are done with the recovery process.  You have no restricted activities and can do anything you would like without the shooting pain in your hip that you once experienced. Your quality of life has significantly improved, and it seems that the procedure could not have went any better. Why hadn’t you opted for this surgery years ago?

Yet, this relief only lasts for so long. The metal on metal hip implant used for your procedure is beginning to fail you. The product is gradually loosening, causing you extreme pain as well as frequent dislocations. Furthermore, the metal device has released ions into your bloodstream, resulting in metallosis and thereby causing osteolysis, or the breakdown of bone. This breakdown causes the bone to become extremely frail, leading to its inability to hold the implant any longer.

Eventually, you are in so much pain that you decide to have revisionary surgery to replace the metal-on-metal implant with another device. You are then burdened with yet another hospital stay, more time away from work, and even more hours spent at physical therapy. You feel betrayed by your doctors, even though they had no knowledge that the device that failed you would do so.

Who is to blame? You are angry about your pain and suffering, but who could have known that this would happen? There is only one answer in this case: the manufacturers of the metal-on-metal implant. No matter the type of defective medical product, whether it be a device or prescription, the liability falls on the manufacturer if proof can be obtained that they knew of the defect prior to the promotion of their product.

Product liability cases seek to establish the liability associated with these defective products, and obtain compensation for pain and suffering experienced by patients. Rudolph F. X. Migliore, P.C. understands that you have unfairly suffered, and want to do everything that we can to help you in this time of need. The manufacturers deserve to pay for the suffering that they have caused.


Learn more about which medical products are currently being litigated here



Please visit our next post to see how product liability cases proceed, once you have contacted an attorney and decide to stand up against the manufacturers that have caused you harm.