Memphis Injury Lawyer Blog

The Mid South is infected with many national personal injury problems. Recently a West Tennessee client brought a matter to us that required the special skills of a Memphis trial lawyer. This gentleman had a defective product case that is rather unique. Not only was his life completely upset by a dangerous and defective product, but his family had also suffered untold worry and anxiety. The hip joint bears most of the weight of the upper body. So when this hip replacement exploded inside of him, it was important for my client to come to Memphis to seek qualified and competent legal advice.

My West Tennessee client felt a sudden pain in the hip area along with a popping noise that went along with intense pain. The solution to this issue was another surgery. This surgery is explained, as follows:

The problem in these situations is that with every operation the chance increases that the hip implant, defective or not, will not last as long as it was designed to do. The FDA announced a major recall in 2001 due to fracturing problems, this time involving St. Gobain Desmarquest implants. This manufacturer recalled its implant with a ceramic head just prior to an announcement by the FDA. The reason for the recall was a higher fracture rate for this product in several patients a few years following surgery. Fortunately only a small percentage of the implants had such a sudden and catastrophic failure.

In the image above, you can see the broken head of the implant (upper left) and the pieces of the broken ceramic material embedded into the tissue (lower right). Defective products are those products that are unreasonably unsafe or inherently dangerous for their intended purpose. These dangers can be proven in court if the defect or design failure causes harm or an increased risk of harm to the consumer or if the consumer's expectation of the safe use of the product is not met.

There are a variety of legal theories that can be the basis for a products liability lawsuit under the facts that we are discussing. Some of these are:

1. Breach of Warranty

2. Negligence

3. Strict Liability

As with any plaintiff's case, in order for an injured person to recover for their injuries and damages, the plaintiff must first prove liability or fault. The items of damages in these cases, as in most others, can include:

1. Medical expenses
2. Out of pocket expenses
3. Past lost wages
4. Future lost wages
5. Loss of earning capacity
6. Pain, suffering, anxiety, emotional upset

The statute of limitations is the time limit within which a lawsuit can be filed after the damage or injury occurred. This time limit in Tennessee is one year from the date that the injury happened or one year from the date that the plaintiff knew or should have known that he or she was injured as a result of the manufacturer's fault. If you or someone that you care about has been injured by an event such as this, seek immediate medical and legal advice. Please remember to protect your most valuable asset: your future.