Hip & Knee Replacement Implant Failure—Prove It!

Atlanta, GAWhen pursuing litigation related to a Hip & Knee Replacement Implant Failure—in this case, an allegedly failed Stryker prosthetic hip—it's a good idea to have more evidence of causation than the mere announcement of a recall, however urgent.

The 11th Circuit Court of Appeals recently affirmed a decision reached last year by the US District Court for the Northern District of Alabama with regard to a case brought by a plaintiff with an allegedly failed Stryker hip implant.

According to an issue of Mondaq, dated June 1, the plaintiff in Hughes v. Stryker Sales Corp. alleged that her Stryker prosthetic hip failed, requiring additional hip surgery. Although it was not stated as to when the plaintiff required the revision surgery, it was noted that four months after receiving her original Stryker hip, the plaintiff was made aware of an "urgent product recall" notice on the part of the manufacturer relating to manufacturing variances and the potential for failure to achieve biological fixation.

The plaintiff, it is reported, went to court armed with the recall notice together with her medical records in an attempt to prove that her Stryker artificial hip was faulty.

The Stryker Trident Hip Replacement Implant was subject to a recall.

However, the US District Court found that a Hip & Knee Replacement Implant Failure requires more than a recall notice and medical records to be proven. The Court noted in its finding that the plaintiff failed to bring forward expert evidence or testimony pertaining to the likelihood of the failure as claimed.

The defendant had moved for summary judgment, which the district court granted in May 2010 and upheld by the 11th Circuit Court of Appeals on April 14 of this year.

Hip and knee replacements are designed and expected to last about 15 years. Some last longer, others need replacing earlier depending on variables such as wear and tear, the amount of weight the artificial joint is required to bear and so on.

However, in recent years there have been several models of knees and hips—Stryker products among them—that have required revision surgery as early as a year to 18 months following initial insertion.

Such failures often lead to a Hip Replacement Lawsuit.

Almost exclusively, a Hip Replacement Lawyer will be conversant with what is required to successfully litigate a hip replacement failure, such as those allegedly endured by those receiving the recalled Stryker hip.

However, in this case, it is not known if the plaintiff was represented by counsel. In many cases a Hip & Knee Replacement Implant Failure can be adequately proven in a court of law and result in compensation for the plaintiff.