Birmingham Hip Resurfacing Lawsuit

Birmingham Hip Resurfacing Lawsuit

An Alabama man has filed a product liability lawsuit against BHRT, claiming that problems with the Birmingham Hip Resurfacing system caused him to get metallosis on his mandible. According to the lawsuit, the man bought the BHRT for his job with Alcoa and did not have prior experience with the device or know of any risks associated with it. Alcoa representatives offered to install the component themselves, despite knowing that it was not certified by FDA. They also did not test the device or make sure that it was built using approved standards.

After a few months of working with this supplier, the plaintiff’s condition worsened, and he was diagnosed with non-malignant, very rare metallosis, according to court documents.

The problem? The doctor, when treating the plaintiff with his first-grade, pre-approved BHRT implant, misdiagnosed the condition as hip osteoarthritis, and gave him a second treatment using a different BHRT ingredient.

Instead of a direct BHRT treatment, which includes the metal-on-metal and acetabular cup compressive component, the plaintiff’s case points out that the patient was given a second dose of the same drug through a venous pump.

According to court documents, the plaintiff “wound up with hip fractures and degenerative arthritis that are indicative of non-malignant bone disease.” He is seeking financial compensation for both the direct and indirect costs of his treatment at a medical facility. Lawyers representing the Alcoa company claim that the claim is meritless, that BHRT meets all safety regulations, and that the product label clearly indicates that it is intended for use in the femoral space. According to Alcoa representatives, the Alabama attorney general’s office is reviewing the complaint.

An attempt by the Alabama judicial panel to assign liability for the lawsuit to the Alcoa Company was shot down by the court’s three-judge panel, which instead assigned the case to a multidistrict litigation funding entity.

Multidistrict litigation funding entities are generally owned by one person and controlled by a handful of investors who collectively control a vast amount of cash. They are able to pursue a wide range of cases that involve many different parties and a variety of legal maneuvers. Attorneys representing the plaintiffs in the Birmingham case were somewhat skeptical about the prospect of having their case moved to a multidistrict litigation funding entity, arguing that they do not have enough experience or knowledge to guide them through a complex case like this.

In other words, there is a possibility that the Birmingham case may be transferred to another company or individual that lacks the expertise to investigate and manage a case such as this.

Even if an attorney does manage to get the lawsuit to a higher court, the likelihood of a favorable outcome is unlikely, especially since the complaint in the initial lawsuit was for a relatively small amount. Most people that have undergone a hip augmentation surgery would prefer to get the money from the surgery rather than have to pay thousands of dollars in future medical bills. The good news is that in recent years, medical technology has advanced to the point that hip replacement surgery has a much lower chance of causing future medical problems. As a result, more people are able to get their hip replaced without worrying about issues with future health insurance.

Birmingham residents who are concerned about the prospect of a lawsuit should keep in mind that in many situations it is better to have a simple metal-on-metal hip replacement system installed instead of having a total hip replacement.

When a patient has a health insurance policy that covers the costs of the total hip replacement system, he or she will not need to worry about paying for the cost of a separate implant. If a patient chooses to get a metal-on-metal implant, he or she should make sure to buy an implant that is as close as possible to the actual hip joint. This will make it easier to get the joint into position after surgery and will make the recovery period much faster.

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