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Faulty Medical Device Recalled Too Late to Prevent Injury


Litigation Type - Product Liability

Client Injury - Ongoing Pain

Paul Downes represented a man who had a longstanding degenerative hip condition so his doctor recommended a hip replacement. Our client had his first hip replacement on the left side done in May 2001. He continued to experience extreme pain through the hip and groin area. For the first few months, he thought he was just slowly healing but the pain continued for at least 1.5 years. His doctor continued to tell him that he would have to live with the ongoing pain.

Our client finally went to the Mayo Clinic for a second opinion. They told him that he had to have the hip implant replaced and a second revision surgery was done. At that time, they replaced the defective hip implant.

Paul Downes pursued a claim against Sulzer Orthopedics, Inc., the company that made the defective implant. They had announced a voluntary recall of the defective parts in 2000 but 26 of those parts had already been implanted. Our client was one of those patients.

Paul was able to obtain a settlement for our client in the amount of $160,000.

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