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Orthopaedic Screws and Implants
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Orthopedic Implant Liability Overview
Today, more than two million total joints are in service in the United States alone. The orthopedic industry currently exceeds $3 billion in sales each year, with just over half of those sales attributed to total joint replacement products. These primarily include hip and knee replacements, but are also in the form of fingers, shoulders, spine screws, and wrists. With all of these products out in the market, lots of doors are open to product liability lawsuits.
The spinal implants have been the hardest hit in terms of litigation against them. Even the television program "20/20" has investigated the liability involved in the back screws, which is an orthopedic device used to repair fractured bones. The screws were used widely in broken legs, but had not been used for back injuries until the mid-1980's.
An interesting point in the case of these spine screws applies to the FDA approval process. When the screw was introduced for use in the back, AcroMed was the company who applied to the FDA for approval. The FDA rejected the request since the spine screws had not been clinically proven for use in the back. AcroMed subsequently changed the name of this product to "bone screws" and got away with selling the product to orthopedic surgeons by representing that "bone screws" were an FDA-approved product.
Since the physicians believed the advertising used and representations that AcroMed made, use of these spine screws was accepted by surgeons. As a result, hundreds of injuries have ensued. Injuries include paralysis, chronic pain, and re-operation. Through the fraudulent misrepresentations made by AcroMed, unsuspecting doctors used the devices and encountered disastrous results.
If you or someone you know has suffered injury because of the implantation or failure of an orthopaedic screw or other device, you may be entitled to compensation.
If you that feel you, or someone you know, have been injured by a medical or pharmaceutical product, determining your legal rights can be complicated, and it may be unclear who to bring a claim against, and to what sort of damages you are entitled. To ensure that you receive just compensation, you should consider contacting an attorney with experience handling this type of case.
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