One thing is for certain about any broken medical device case, it will be complex. In this episode of our podcast, Charlie Hepworth discusses some of the issues related to this type of case.
It is not unusual for a device that has been placed during surgery- like a plate 
or a screw, to fracture. The device fracturing does not necessarily mean the individual has a valid case. As a Defective Product Lawyer Idaho, Charlie recently handled several hip replacement product defect cases. In some, one of the components of the hip replacement has fractured. We took the position that the fracture would not have occurred absent the component being defective. It caused a significant problem for the patient. The fracture of the component can at times be strong evidence there was a product failure. In those cases a fracture establishes a claim.
Where I usually have not been able to offer assistance is with spine surgery. In those, it is not uncommon for a screw to break or a plate to become dislodged from its original location. Physicians tell me as a Product Liability Attorney in Boise that those problems often develop over time. So, the fracturing of a screw does not necessarily mean that the doctor did anything wrong.
What Are Medical Devices?
Medical devices are components or foreign objects placed in the body for some purpose. It’s the components used for a knee or hip replacement. For a hip replacement, it’s metallic components. It can be a screw or a plate to treat a fracture.
Does an FDA Recall Help With My Broken Medical Device Case?
Yes. That tells you the manufacturer has had enough episodes of failures of their product that they’ve decided to recall it. However, the fact the product has been recalled is not dispositive that the product is defective. The manufacturer may do a recall. And at the same time defend litigation by saying the recall was due to getting a few reports of problems. They’ll maintain their product was effective and appropriate, and not defective. They will assert didn’t do anything wrong with the production of that component.
What Do You Sue For In A Broken Medical Device Case?
The damages you can claim vary with the specific broken medical device case. The most common damages are medical expenses related to the problem. So, if a defective product has to be removed and replaced, there’s the associated surgery and follow up medical care.
All medical malpractice cases, of which broken medical device cases are type, involve claims for pain and suffering. The most important thing to know about pain and suffering damages is that many states, Idaho included, have a cap on how much you can recover. Medical expenses are economic damages and in Idaho, you can recover all economic damages you can prove. But with pain and suffering or non-economic damages, Idaho limits the amount you can recover to $350,000. A jury might be so impressed that they award you $1 million in pain and suffering damages, but you’re limited to the $350,000 cap.
Also, sometimes an individual is displaced from work and we claim loss of earnings from either temporary or permanent displacement from their regular job. Permanent loss of earnings goes well into the future and maybe they’re only make a reduced wage. Therefore, they have a loss of earning capacity and that can be quite substantial depending on the case and demonstrated earnings of that individual prior to their injury.
How Can A Regular Person Afford To Contact An Attorney?
Our Firm doe not charge for an initial consultation and summary case reviews. I speak to people every day who are asking me questions about their situations and I do my best to answer their questions and spend whatever time I need for that person to understand their situation. I don’t charge for that time. It’s part of the process. It’s how I identify cases I’m able to help with.
Call Charlie Hepworth for a free case review at (208) 328-6998 for a medical product liability attorney in Boise Idaho or any type of defective product lawyer in Idaho.