Nearly 100 individuals file suit for heavy metal poisoning due to a faulty hip replacement
Posted by Sean DuBois
Date: December 2011
Location: Jackson County Circuit Court
Name: Keith Cadwallader
The lawsuit, which was filed in Jackson County Circuit Court Tuesday, claims that Cadwallader was given a Stryker brand hip replacement in December 2011. Within only a few months of the replacement, doctors found toxic levels of metal ions and particles in his blood stream and organs. Despite this, the device was not removed from the market until June 2012. By that time, the device had been implanted in 53,000 people.
Cadwallader had his device removed in November 2013, due to suffering ongoing pain and discomfort. He is suing Stryker Orthopedics for $5.1 million and is alleging that Stryker was aware of the metal corrosion but chose to keep selling the device.
Stryker has not commented on that case, stating they need more time to review it. Cadwallader has requested a jury trial to determine if Stryker is liable for a host of complaints including manufacturing defect, design defect, failure to warn, negligence and breach of warranties.
Nationwide, about 2000 cases have been filed against Stryker related to faulty hip replacement devices.
In Oregon, manufacturers, distributors, and retailers are all responsible for the safety of their products. If you or a loved one has experienced an accident similar to this, contact an Oregon product liability attorney to protect your rights.
You can seek compensation for injuries from:
- Design defects: when the poor or flawed design of a product makes it dangerous
- Manufacturing defects: when a problem is introduced during manufacturing that makes a product dangerous
- Marketing defects: when the warning labels or instructions are not sufficient or appropriate to protect consumers from injury
By pursuing damages from companies that allow unsafe products to be created, distributed, and sold in Oregon, you may be helping others who have had similar experiences. According to the US Consumer Product Safety Commission, over 30 million people are injured every year in the United States due to defective products.
Do not wait to get help: contact a Portland product liability attorney for a free consultation as soon as possible. In product liability cases, it can be imperative to get pictures and start investigating what happened as soon as possible, because product liability cases have their own special (and very difficult) statutes of limitations (ORS 30.905), which can be much shorter than the more common statutes.
About Sean DuBoisSean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.
Posted on July 18, 2014, in Medical Bills, personal injury, Portland personal injury attorneys, Product Liability and tagged defective products, heavy metal poisoning, hip replacement, Jackson County Circuit Court, Keith Cadwallader, Stryker brand hip replacement, US Consumer Product Safety Commission. Bookmark the permalink. Leave a comment.