This was a medical product liability case involving a failed hip replacement device.
Our client was an active 56 year-old who was several years past his first hip replacement. The ball fractured from the prosthesis and extensive surgery was required to remove the old artificial joint, repair the bone and install a new device. Several months prior to the failure, the prosthesis manufacturer had notified the surgeon that the device in question should not be used in older, less active patients. The client suffered bone damage from the prosthesis failure and from the replacement surgery. The bone damage limited the probable life expectancy of future artificial hip devices.
Suit was filed against the manufacturer only. The surgeon was not sued because the warning had been issued several years after the surgery. The case resulted in a substantial settlement with the manufacturer only.