What Type of Compensation is Available in a Stryker Hip Implant Lawsuit?
Stryker Corporation is a well-known medical device manufacturer and is one of the world’s leading manufacturers for hip replacement systems. Over the past ten years, Stryker has had to face the legal backlash of several recalls of some of their hip replacement systems. In 2012 Stryker recalled the Rejuvenate and ABG II hip implant systems: three months after issuing warnings to medical providers of the potential risks of using their products. These potential risks included early failure, corrosion, and the wearing away of metals which could lead to metal poisoning in patients. As a result, thousands of people have filed lawsuits against Stryker.
If you have had a hip replacement and believe to have suffered injuries due to the complications of a Stryker Corporation hip implant system, it is important to consult a personal injury attorney, as you may be entitled to compensation. At Arnold & Smith, PLLC, our Charlotte personal injury attorneys are available to answer any legal questions you may have regarding a potential suit against Stryker Corporation.Recovering Compensation After A Stryker Hip Implant
Under North Carolina law, victims of defective products have the right to file a lawsuit against the product manufacturer, distributor, and/or retailer. To win the suit, a plaintiff must show that there was a manufacturing defect, design defect or some form of inadequate warning.
Many states follow a strict liability approach to a product claim, meaning that a manufacturer is automatically liable for any injuries that result from use of their product. North Carolina, however, applies a standard of negligence when litigating product liability cases.
Under North Carolina law, the injured plaintiff must prove one or more of the following:
- The manufacturer failed to warn consumers adequately of the dangers associated with the use of the product.
- The product that caused the plaintiff’s injuries was designed in an unreasonable way; creating a risk of harm to the public who would consume the product.
- The manufacturer did not give proper instruction regarding the use of the product.
If you decide to bring a personal injury claim against a company, your lawyer can help you gather evidence to support your claims of an injury. Expert witness testimony is an important and required piece of evidence for all products liability claims. An expert witness will review the evidence of the case and provide their opinion on the product defect itself and provide a reasonable alternative that could have been used to prevent injury. If it can be shown that there was a reasonable alternative that could have been used to prevent injury, the defendant will likely be found liable for the plaintiff’s injuries.Damages Available In A Product Liability Lawsuit
When it comes to any type of personal injury lawsuit, the injured party must prove the damages they have experienced. Below are some possible damages that can be recovered in a products liability suit:
- Economic Damages: Any financial losses caused by the defective Stryker hip implant, including medical bills, lost income, and the cost of medical supplies.
- Non-economic Damages: Pain and suffering caused by the victim’s injuries. For example, if you have had to go through the pain of a second surgery due to the first hip implant failing, this could be a potential type of damage sought.
- Punitive Damages: In some cases, courts will award punitive damages. These types of damages are not intended to compensate the injured party for their losses, but instead punish the defendant. Punitive damages are generally only awarded when there is proof of willful conduct on the part of the defendant that resulted in the injury.
Historically, product liability suits are often settled out of court. Large companies, like Stryker, often want to settle the case before it even gets into the court system to avoid expensive litigation, bad press, and possible confidentiality issues. While a settlement is often advantageous to the defendant, it can be advantageous for the plaintiff as well; eliminating the possibility of spending time and money on litigation and then losing the case. However, settlement compensation may differ greatly from the potential amount of compensation that may be awarded if you win your case. It is important to discuss with an attorney who can review your case and guide you through this difficult process.
For your convenience and safety, we offer video and phone conferencing. If you prefer an in-person consultation, we have three convenient to reach offices in Uptown Charlotte, Monroe and Mooresville. Contact us today to schedule your free consultation.