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Hip replacement failure sparks products liability lawsuits


When a consumer in New Jersey or elsewhere in the United States suffers an injury after using products made by a manufacturer or seller, the latter may be held liable for damages. Product liability law makes the manufacturer or seller of the product responsible for the products produced by the company.

Recently, hip replacement products by the Zimmer Holdings Inc. have been subject to multiple lawsuits for product liability. The hip replacement products would reportedly cause pain in the patient's joints, necessitating further surgeries and rehabilitation. It was estimated that the company shelled out approximately $400 million in products liability lawsuits. Litigations are still underway and the company is expected to have to deal with more negotiations in the future. Approximately 100 claims were settled by the company in New Jersey, and many cases have been consolidated.

Products liability is a subject matter of tort law. The basic principle of products liability deals with the negligence of a designer, manufacturer or seller of defective products that caused injuries to consumers who otherwise would not have suffered an injury. Depending on the circumstances it is sometimes necessary to show that the injury suffered by the consumer would have been reasonably foreseen by the designer or manufacturer. In addition to negligence, certain product liability cases may be brought under a theory of strict liability. Even marketing defects can fall under the umbrella of product liability.

As this shows, product liability cases can be complex. A professional may help a consumer in establishing product liability to seek compensation for damages.

Source: InjuryLawyer-News.com, "Zimmer hip lawsuit settlement", July 18, 2014

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