By Sarah Mirando  |  May 9, 2013

Category: Medical Devices
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The Dangerous Side of Metal Hip Implants

By Jessica Tyner

 

metal hip implantBefore the invention of metal-on-metal hip implants, plastic implants were the go-to answer. Unsurprisingly, plastic isn’t nearly as durable as metal, and manufacturers wanted a sturdier option for patients. However, all-metal hip implants have a knack for shedding metal ions into the bloodstream and the debris can wear down bone and get lodged in the body. The manufacturers of metal hip implants are currently trying to change the process for getting approval, which conveniently removes their liability.

Attorneys are asking the Food and Drug Administration (FDA) to stop these changes because they say the manufacturer should be held liable for not properly making or warning users about the side effects of metal-on-metal hip implants. Many all-metal hip replacement systems have already been recalled, and the manufacturers are scrambling to offer “new” metal hip implants that may not be any safer, but will get around the recalls.

The FDA’s Response

In addition to the numerous recalls, many metal hip implant victims have also complained that the devices wore down their bones or harmed their organs. Until January 2013, all the manufacturers had to do to get approval was demonstrate that the metal hip implants were similar to the plastic ones already on the market. This, of course, wasn’t the case and it seems like the FDA agrees.

The FDA is asking that the manufacturers pass a more stringent safety review test for all existing metal hip implants and any that are created in the future. This is a good step in the right direction, but pre-market approval comes at a cost. Since the manufacturers will now be forced to “prove” the safety of their products, that might cause problems for future victims. If a device is proven as safe, what does that mean for metal hip implant victims who might still suffer from complications?

The Reality of Liability

While the metal hip manufacturers probably weren’t initially happy with these new rules, it actually works in their favor. Now that they have to show just how safe their products are, that can help them get around liability in the future. If a person receives an all-metal hip implant that’s been proven safe in the pre-market, is it just a fluke if the device eats into their bones and organs? Will they have a viable lawsuit if they suffer from metal hip implant complications?

These are the kinds of questions critics, attorneys and current hip implant victims want answers to. Thus far, the FDA hasn’t commented on the potential loophole and seems satisfied that they’ve done their job. While all-metal hip implants are less than .5 percent of all hip implants, there’s still a sliver of the population at risk.

Have You Received a Metal Hip Implant?

Artificial hip implants become more common in an aging population. If you opted for a metal hip implant thinking it would be sturdier, and you suffered from side effects, you might have a metal hip implant legal claim. There are other victims like you, and you might deserve compensation for your suffering.

Find out more by visiting the Metal-on-Metal Hip Replacement Implant Class Action Lawsuit Investigation. You can get a free claim review and learn more about your rights. When a medical device goes wrong, you have the right to take action.

 

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Updated May 9th, 2013

 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

 

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