There are two parties mainly responsible for ensuring that the hip replacement systems used in the United States are safe and function the way they should. The first is a branch of the Food and Drug Administration (FDA) known as the Center for Devices and Radiological Health. It has the important task of reviewing and approving hip implant systems and all other medical devices before they go on the market. It also monitors safety and performance on an ongoing basis. The second party is the company that manufactures any given device. It has a legal (and many would say moral) obligation to consumers to ensure that hip implant systems work properly and do not pose serious health risks.
As the recent DePuy hip replacement recall shows, a mistake by either party can lead to the presence of defective products on the market. While DePuy is promising to compensate victims fairly for testing and treatment, a manufacturer has an interest in protecting its assets. A manufacturer will seek to give victims the least amount of compensation possible.
Victims affected by the DePuy hip replacement recall trusted the manufacturer to look out for their health and safety only to be let down. Therefore, there is no reason to believe the company will compensate them fairly. Protecting the legal rights of victims is the role of a hip replacement lawyer. A hip replacement lawyer can thoroughly analyze a case, determine the present and future losses a victim is likely to incur, and provide honest and complete information about relevant laws and the likelihood of collecting damages. Unlike the manufacturer, a hip replacement lawyer consistently looks out for the best interests of the victim.