Maybe Your Medical Malpractice Case is Really a Product Liability Case
Over the last three decades our experienced Philadelphia trial lawyers have successfully represented individuals who were injured as a result of medical malpractice as well as product liability due to design and manufacturing defects. Over the last few years, we have witnessed a recall of many surgically implanted medical devices due to mechanical failures or design defects. Notably and more recently in 2010, Johnson & Johnson recalled its ASR XL DePuy tabular metal on metal hip implant after data from a recent study indicated that there was a more than normal failure rate identified due to component loosening, component misalignment, infection, bone fractures, dislocation, metal sensitivity, pain, tissue damage, and muscle damage.
Our DePuy implant failure and recall lawyers have been investigating and litigating a number of these cases, and our investigations have revealed that many renowned physicians who were using this device were also victims because they had not been warned by the manufacturer that the devices they were using and implanting in their patients were dangerous. While many lawyers have chosen to litigate against the physicians for malpractice and negligence, our skilled product liability lawyers understand that in an era of medical malpractice caps and severe limitations on medical malpractice verdicts, it is important to explore all of the alternatives and to look in other directions. In fact, a doctor who unknowingly implanted a defectively designed or manufactured product is now in a position to be one of the best witnesses and advocates for the plaintiff.
In another case of which we have learned involving botched circumcisions, a minimal offer was made by the medical malpractice insurance carrier. However, a skilled team of product liability lawyers decided to investigate and research the circumcision device itself. A circumcision tool known as a “mogen clamp" was routinely used by physicians performing circumcisions. Unfortunately an investigation revealed that the mogen clamp had been linked to numerous penile amputations, and unlike other circumcision tools did not provide for protection for the head of the penis and was designed so that the physician could not see the head of the penis when applying the scalpel to the foreskin. The device’s manufacturer and distributor removed it from the market in 1994 after an injury report but did not recall the clamp or send doctors a warning letter. In 2000, the FDA informed the circumcision tool’s manufacturer to warn all doctors who might be using the clamp. However, the company did not do so.
Very simply put, the underlying product liability cases in these situations are much stronger than a typical medical malpractice or negligence situation and serve as a perfect example of how a creative trial lawyer with years of experience can think out of the box and do what is best for his client when traveling down a road often less traveled.
The skilled Pennsylvania medical malpractice and product liability lawyers of Reiff and Bily have consistently placed the safety of consumers and patients above the bottom line of manufacturers who design and manufacture defective products, and we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.
