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DePuy ASR Hip Implant Recall Lawsuit

In a defective product case not involving a medical device, there are a series of theories a plaintiff can use to prove that the defendant manufacturer is liable for the plaintiff's injuries. These include two theories of recovery that fall under a category called "strict liability." Strict liability is a standard of proof. When it applies to a particular type of injury, the plaintiff need only show that the defendant's product was defective. The plaintiff need not show that there was negligence in designing the product.

Under California law, the rules are much more restrictive when a plaintiff seeks compensation after being injured by a defective medical device. With a defective medical device, such as a hip implant with a design defect, a plaintiff can only make a recovery by proving one of the following:

(a) The defendant failed to warn of the dangers presented the product;
(b) The defendant negligently designed the product;
(c) The defendant negligently failed to warn of the dangers of the product; or
(d) The defendant negligently failed to recall or retrofit the product.

The important difference here is that most of these theories require a plaintiff to show that the defendant was actually negligent. Because negligence is the failure to use reasonable care, this places a serious burden on the plaintiff-and his or her attorneys. It will be the job of the plaintiff's attorney to research and evaluate the defendant's manufacturing process, to see if the design itself was negligent.

Defective Hip Implant Recall Lawsuit

The Walkup DePuy ASR hip implant recall lawsuit attorneys have already successfully concluded litigation related to the ASR Total Hip Replacement System. As in all products liability cases, prior experience in cases can be used to the advantage of plaintiffs in future cases.

Hip Recall Injury Attorneys

If you received an ASR hip implant and are experiencing problems, you may qualify for compensation for physical damage, additional surgeries and your pain and suffering. Do not contact DePuy Orthopaedics or Johnson & Johnson without first talking to an attorney with experience handling defective medical device cases nationwide. It's important that you understand your rights. Call the law office of Walkup Melodia toll-free at (888) 799-3968, or contact us online. We handle DePuy ASR hip implant recall lawsuits in California and nationwide.

Additional Information on the DePuy ASR Hip Implant Failures:

• DePuy ASR Hip Implant Failure Information
• DePuy ASR Metal-on-Metal Hip Replacement Problems
• Who Received ASR Metal-on-Metal Hip Replacements?
• Blog Post on DePuy's Metal-on-Metal ASR Hip Replacement
• Additional Information on defective medical devices

• Brain Damage
• Birth Injury
• Medical Malpractice
• Defective Medical Devices
• Motor Vehicle Accidents
• Kaiser Malpractice
• Defective Consumer Products
• Pedestrian Injuries
• Cycling Injuries

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