Can I claim injured by faulty product compensation for a hip replacement which gave me metal poisoning? I have suffered months of health problems which have recently been diagnosed as being due to a faulty metal on metal hip replacement.
An injured by faulty product claim can be made in the UK if you have sustained a physical injury as a direct result of using a faulty product, as it constitutes a failure in a duty of care by the manufacturer to ensure that the product was safe to use by customers. This can be due to an isolated incident such as a failure of a particular product, or when a product has been released to the market before adequate testing has been completed to ensure that it is safe to use.
Injured by faulty product claims for faulty metal on metal hip replacements are possible for the same reasons. Although metal on metal hip replacements were deemed to be safe for use, it has since become known that this is not the case; many metal on metal hip replacements have since been discovered to pose a danger to the health. Faulty metal on metal hip replacements have seen many recipients of this defective prosthetic suffer metal poisoning from chromium ions released from the faulty hip replacement into the bloodstream. Chromium ions, and other metal ions released from the faulty hip replacement can cause widespread damage to internal organs.
Compensation for being injured by faulty product in this case is likely to be for a considerable sum due to the extent of the damage that metal poisoning can cause, in addition to the fact that you will have to undergo a second hip replacement operation to replace the faulty product.
These injured by faulty product claims are frequently settled out of court, as they often involve clear cases of manufacturer negligence and there is often little doubt that the manufacturer is liable. However, award values of being injured by faulty product compensation can vary considerably from case to case. Even though liability may be accepted, it is no guarantee that you will receive a full and fair compensation award. It is for this reason that it is important to have your injured by faulty product claim pursued by an experienced medical negligence compensation solicitor.
Due to the nature of your injuries, and the fact that it can be difficult to assess the level of damage caused by metal poisoning, it is necessary to enlist the help of medical professionals to help substantiate a claim and to determine the level of damage caused and any repercussions to your future health. A medical negligence solicitor will be in the best position to make the necessary arrangements to have you examined, and will ensure that medical professionals accurately assess your injuries. With the help of a medical negligence solicitor you will be able to ensure that any award of compensation for being injured by faulty product will be adequate to cover the full extent of your injuries and any future treatment you may require.