If you or a loved one had elbow implant surgery, you could be eligible for compensation if the implant you received was the DePuy Synthes Radial Head Prosthesis System and you require or have undergone revision surgery. This brand of elbow implant has been recalled and may cause serious complications such as permanent tissue damage, loosening of the device, and fracturing. Filing a DePuy elbow implant lawsuit may let you obtain compensation to pay for recovery costs.
This implant was commonly used in procedures that were performed as early as June 2011 until December 2016 when the device was finally recalled. Johnson & Johnson, the creator of the surgical implant, waited until 2016 to recall the product when victims were coming forward reporting serious side effects. For many, that recall came too late.
Dealing with a recalled implant is a scary situation. The complications and pain from the implant could already be affecting your everyday life. Medical bills could be piling up and if this implant prevents you from working, you might start to experience financial stress. But you can seek out people who want to help you. Thomas Law Offices in Louisville, KY handles product liability cases such as recalled medical devices and can help you get the compensation you deserve.
What is the DePuy Synthes Radial Head Prosthesis System?
People often feel anxious or stress when they’re undergoing major surgery. Imagine you’ve recently gotten an elbow implant. You’ve completed the surgery without complications. You’re ready to start recovery because you believe the worst is over. But, then you either start experiencing problems with your implant or hear that your implant is causing health complications for others.
When you get an implant, you expect it to be safe and to help you in your everyday life. But this might not be the case for those with one particular implant—the DePuy Synthes Radial Head Prosthesis System. DePuy Synthes is a division of Johnson & Johnson. The DePuy surgical implant is used for primary and revision replacement of the radial head joint of the elbow.
It was approved for sale in 2011. Johnson & Johnson was not required to test the implant on humans since the company claimed it was similar to other surgical joint implants already on the market and was safe.
Why Was the DePuy Synthes Elbow Implant Taken off the Market?
The DePuy Synthes Radial Head Prosthesis System was taken off the market under an FDA ruling of a Class II medical device recall in December 2016. Patients with the implant kept coming forward regarding severe complications that caused permanent pain in many cases.
This classification of recall means that those with the implant could face health risks if they keep the implant, and the complications can be medically reversed. A second revision surgery is generally necessary to reverse the complications caused by the faulty elbow implant. Additional surgeries, while required, result in extra risks, potential complications, added recovery time, and more time that the patient needs to take off work.
Those who already suffered because of the implant and the necessary revision surgery could potentially get compensation to cover medical bills, lost wages, and pain and suffering costs. These costs may make it easier to recover after having to undergo the revision surgery as well as recover from any damage the implant originally caused.
The Radial Head Prosthesis System was removed from the worldwide market where it had been previously given FDA 510 (K) clearance in June 2011. It was discovered that the radial stem could loosen at the stem-bone interface of the implant and lead to serious health complications. These complications include but are not limited to:
- Osteolysis (the destruction of bone tissue, usually over time).
- Loosening of the joint in the device.
- Poor implant joint mechanics/maneuverability.
- Post-operative bone fracturing.
- Pain and/or irritation.
- Irreversible damage to the surrounding soft tissue.
DePuy has recalled more than 50,000 Radial Head Prosthesis Systems since 2016.
What Are Your Legal Options?
You’re within your legal right to file what’s known as a product liability lawsuit after experiencing complications after having the DePuy Synthes Radial Head elbow implant inserted. However, your lawsuit’s credibility depends on a few aspects.
If you want to file a lawsuit, the following must apply to you:
- You had the DePuy elbow implant procedure during or after December 2013.
- You had or need a corrective surgery to fix the problems with the implant.
When filing a product liability lawsuit, your best move is to hire a product liability lawyer. Attorneys experienced in cases involving defective medical devices like surgical implants know what it takes to get the best results possible for their clients and understand how complicated many of these claims can be.
It’s a simple fact that Johnson & Johnson should have issued a recall on the implants far earlier than they did. The device started having complications in 2013 and was not recalled until 2016. This is an extremely large window for most recalls. The company should have also properly tested the device on humans. With our help, you can file a DePuy elbow implant lawsuit and get the compensation you need to move forward.
What Is Product Liability?
Product liability law is an area of personal injury law that helps victims of injuries or complications that arise from products that are found to be dangerous or unsafe. Some of the common product liability cases our law firm represents clients for involve defective medical devices. Medical device manufacturers do not always test their products for long-term use or wear. Corporations may also skip crucial testing steps to sell their devices quicker.
Both situations are preventable and should be prevented. Medical devices and drugs should be thoroughly tested—for both short-term and long-term use. Patients should not have to undergo multiple surgeries to experience relief from a painful, debilitating condition.
Product liability lawsuits give Americans the power to voice this opinion as well as receive potential compensation that can go towards the costs of recovery.
Do You Need a Kentucky DePuy Elbow Implant Lawyer?
Have you or a loved one had a DePuy elbow implant surgically inserted? You might be entitled to file a recalled medical device lawsuit. The DePuy elbow implant attorneys at Thomas Law Offices in Louisville, Kentucky are experienced and passionate people who want to fight for people’s rights.
It’s important to remember that you’re not alone in this. You’re allowed to stand up for yourself because you were given a potentially harmful implant when you were told it would benefit you. Holding big companies like Johnson & Johnson accountable for their actions shows them that they must ensure their products and devices are safe. They can’t get away with cutting corners or sending out faulty products without dealing with the consequences.
Don’t wait another day. Call Thomas Law Offices today at (877) 955-7002 for a free consultation so you can start getting back to your everyday life.