En Espa├▒ol

Plaintiff Trial Lawyers Group Weighs in on FDA Process for Metal Hips

By Brian Chase on May 10, 2013 - No comments

The American Association for Justice (AAJ), a leading plaintiff trial lawyers association, has asked the U.S. Food and Drug Administration (FDA) to prevent the manufacturers of metal-on-metal hip implants from using a proposed change in the approval process to protect themselves from liability.

stryker-hip-implantAccording to a Reuters news report, the defective┬ámetal hip implants were originally developed to be more long-lasting compared to plastic or ceramic devices. However, various studies worldwide have shown that the all-metal implants not only deteriorate sooner but also shed debris, damaging bone and tissue and causing metal toxicity in the patient’s blood, which could potentially lead to organ damage.

A Flawed System

Several brands of metal implants have been recalled after manufacturers have been barraged with product liability and defect lawsuits. In January, the FDA issued a proposed rule that would require the manufacturers to go through a more extensive safety review process in order to market and sell these products or to introduce new devices.

This differs from the current process where manufacturers can get FDA approval by showing that there are other similar products in the market. This was essentially a loophole in the law through which manufacturers were able to sneak in medical devices into the market without having to do human testing or clinical studies.

Protecting Consumers’ Rights

AAJ submitted letter to the FDA in support of the more stringent approval process. The organization emphasized that when a medical device is approved through the older process, consumers lose the ability to sue the manufacturer in court because the corporations almost always argue that their product has FDA’s stamp of approval. The plaintiff lawyers’ group also warned the FDA in the letter that a manufacturer could obtain premarket approval for an existing all-metal hip implant, and then use that to shield themselves from liability even for alleged injuries that occurred before the product met the heightened safety test.

As a product liability attorney who represents victims of defective medical devices, I absolutely support AAJ’s position that the FDA should not relax its proposed rule despite pressure or lobbying from medical device manufacturers. Companies that make inferior products and fail to properly test them before they are implanted into unsuspecting consumers’ bodies, must be held accountable. The civil justice system is the last resort for victims who have suffered debilitating injuries and lifelong health effects as a result of receiving these defective metal hip implants.

 

Leave a Reply:


Share this:

See All Awards, Ratings and Reviews

The BISNAR | CHASE Difference

  • “I went to law school knowing I wanted to be a personal injury attorney. I wanted my life’s work to have a positive impact on other people’s lives.”

    Brian Chase

    on what made him want to become a personal injury attorney

  • “I was in a serious auto accident when I was in law school. I had to hire a personal injury attorney and had a really bad experience.”

    John Bisnar

    on what made him want to become a personal injury attorney

  • “Everybody either drives in a car or rides in a car, so when I do the auto defect cases I really feel like I’m making the world safer by making vehicles safer.”

    Brian Chase

    on why he focuses on auto defect cases

  • “Whatever the philosphy of the management is, is going to be carried through by the employees and it’s going to reflect on the experience the clients have.”

    John Bisnar

    on his philosophy on running a law firm

  • “Corporate greed is a reality in our world and I see it time and time again. Especially, with the auto defect cases we focus on.”

    Brian Chase

    on corporate greed and how it affects the consumer

  • “The first thing we want to do with our clients is to relieve the stress. Make them feel comfortable. Treat them as an honored guest.”

    John Bisnar

    on how he would define superior client representation

  • “There are many, many defects in vehicles that can lead to life or death that could be fixed with a mere $40-$50 [on the assembly line].”

    Brian Chase

    on the shocking facts about the vehicles we drive

  • “You are dealing with people who are seriously injured or have lost a family member...Compassion is understanding someone else’s situation.”

    John Bisnar

    on the role compassion plays in his profession

  • “I’m convinced, because of all the lawsuits...the auto industry finally found out it was cheaper to fix the problem than to keep paying in the litigation.”

    Brian Chase

    on making the world a safer place

  • “...if [manufacturers] build a dangerous product and someone is seriously injured from that, some personal inury lawyer is going to call them on the carpet about it.”

    John Bisnar

    on how Bisnar | Chase has helped make the world a better place

  • “When you have a client come in that’s in a wheelchair...or you meet a wife who has lost their husband or they’ve lost their child, it’s diffucult not to get emotionally involved.”

    Brian Chase

    on the biggest challenges he faces as a personal injury lawyer

  • “I bring in the best employees that I can and I want them to have a workplace that is condusive to them doing their best work.”

    John Bisnar

    on the work environment created at Bisnar | Chase

  • “My motivation of going to law school to have my life’s work help other people...when I see that come to fruition, I’m very pleased and very happy with that.”

    Brian Chase

    on the accomplishments he is most proud of

  • “...it is part of our civic responsibility and it is our great fortune to be in a position to be able to help support our community...”

    John Bisnar

    on the importance of giving back to the community

  • “I was always jealous of doctors. They get to save lives and they get to heal. I don’t get to do that but I get to have a very big impact on another person’s life...”

    Brian Chase

    on the greatest satisfaction derived from his work

  • “Seeing the growth of my employees, seeing them mature professionally, personally, and grow into the great professionals they have become is tremendous.”

    John Bisnar

    on the greatest satisfaction derived from his work

  • “I’m the president-elect this year and I’ll be the president next year of the Consumer Advocate Attorneys of California and I find that to be a rewarding thing...”

    Brian Chase

    on being an advocate for the people of California

  • “There’s going to people that you meet, that you can mentor...You can make a difference in their lives, you can make a difference in their client’s lives.”

    John Bisnar

    on mentoring young attorneys

  • “We try to figure out how we can help [our clients] get through what they’re going through emotionally. Because just getting them compensated is only part of the job.”

    Brian Chase

    on the role compassion plays in his profession

  • “The Lakers have always been a winning organization, a class organization. I’ve used the Lakers as kind of a model for how to run my practice as well.”

    John Bisnar

    on his passions in life

Bisnar | Chase • 1301 Dove St #120
Newport Beach, CA 92660
local: (949) 203-3814
Get Directions

California Personal Injury Blog

Chrysler Recalls Cars And SUVs For Fire Hazard

Nearly a million Chrysler, Dodge, and Jeep vehicles are being recalled for potential fire hazards. Several makes and models are included in the recalls.

read article

Why Do Federal Regulators Allow Regional Car Recalls?

A couple of U.S. senators are asking why car manufacturers are able to issue regional vehicle recalls without regards to vehicles outside of those regions.

read article

Toyota Recalls Vehicles For Potential Fuel Leaks and Fire Danger

Toyota is recalling nearly 1.7 million vehicles worldwide due to an issue that could lead to possible fuel leaks and a fire hazard.

read article

Connect

Copyright & Disclaimer

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar | Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 1999- Bisnar | Chase Personal Injury Attorneys, LLP - All rights reserved.

SLS Consulting