Legal Question in Product Liability in California

products liability or malpractice or both or none

hello.my problem is this.i had a total hip replacement in june of 2002[metal on metal]left side.things went ok after surgery for bout 0ne year..then i heard a noise coming from my left hip area.it got worse.i then brought this problem to my new ortho.doc.who examinaned it and said it looks like the cup was in to much of a varius or the metal hardware was failing..he called the reps of the hip parts to see if there was a problem with any of the hip parts.they said no..except that i could develop dry socket.i was told to wait and see if the pain and the noise went away on its own.it did not,it got worse.it was then decided that i had to have revision surgery to repair the problem.while i was in the hospital 5 mins before surgery,the rep of the failed hip parts came to my bedside to explain that this problem was not the parts failure,it was the hip cup was the problem[wrong varius]..........i then went in to surgery.2 days before surgery ,i asked the doc to save my parts,he said ok.but the rep took them anyway.he told me he took them because he wanted to see why they failed,but couldnt do any testa,cuz they were damaged,while being removed in surgery.he finally gave them back to me.PLEASE WILL SOMEONE HELP ME THANK YOU


Asked on 2/08/05, 6:16 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: products liability or malpractice or both or none

It sounds like the hip replacement surgery was not done correctly. You should have the case reviewed by an expert to determine if you have been the victim of medical malpractice. You should get the case to an experience malpractice lawyer for review. Your only cost will be the cost of obtaining the records and obtaining an initial review by an expert in hip replacement surgeries. In cases like yours I use a surgeon in the greater Los Angeles area who does more hip revisions than almost anyone in the area. If you want me to obtain a review or if you want to discuss this further - call.

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Answered on 2/08/05, 6:53 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: products liability or malpractice or both or none

How long were in discomfort and how painful was it? Was the problem ever clearly identified? You may contact me.

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Answered on 2/08/05, 8:52 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: products liability or malpractice or both or none

It's impossible to say for sure, just from your post, whether you may have a case against 1) the surgeon who did the original hip replacement; 2) the manufacturer/rep (for product liability, breach of warranty, and conversion/trespass (theft) of the item after it was removed; 3) the 2nd surgeon, for breach of fiduciary duty for giving YOUR parts to the manufacturer (who presumably has tampered with them to avoid a lawsuit). You may be facing a legal deadline which might be as early as two years after the date you first started to notice there was something wrong with the part. Obviously you have a good case against somebody, but who? My philosophy is sue all potentially responsible parties, and let the courts sort it out. You could lose out entirely if you were to miss a legal deadline, so you should be in touch with an attorney right away.

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Answered on 2/09/05, 7:06 am


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