Lawsuit Filed After Faulty Hip Replacement

A Hawaii woman has filed a lawsuit against the manufacturers of a hip replacement system arguing that the device was defective and continues to bother her, months after it was implanted. Jacqueline Lum is suing Depuy Orthopedics for an undisclosed amount in punitive damages. According to the report, the defects in the hip replacement system are so severe; it is depositing heavy metals into Lum’s bloodstream including cobalt and chromium.

Lum is expected to have a second hip replacement surgery to replace the defective system. The report states that Depuy Orthopedics held a worldwide recall of the hip system in question just two months ago. The company reportedly stated that there were several people that were suffering from pain and other symptoms and that they resulted in another hip replacement surgery. The lawsuit against the company claims they were aware of the defects in the hip replacement system for at least two years before Lum’s surgery.

The fact that the faulty replacement system is causing deposits of metals into the woman’s bloodstream makes this incident extremely dangerous because it puts the woman’s health at risk. Deposits of certain metals can cause serious illness depending on the levels in the bloodstream. If the company knew of the defects in the hip replacement system and failed to take the proper measures to ensure there were no injuries, they should be held responsible. A patient or recipient of these types of products that should be safe for medical purposes should not have to suffer on a daily basis with constant pain and a potentially serious threat to their health.
 

California Nursing Home to Pay $28 Million in Death

A nursing home near Sacramento, California has been ordered to pay $28 million in punitive damages for the death of a resident.  The nursing home was found to be deliberately understaffed and to provide substandard care.  The large punitive damages amount is a record for Sacramento county and was meant to send a message to the home that they can no longer save money by cutting corners.

According to the Sacramento Bee, 79-year-old Frances Tanner died in early 2006, seven months after moving into Colonial Healthcare, a nursing operated by Horizon West Healthcare, which operates 33 nursing homes, mostly in Northern California.

According to Tanner's daughter, Tanner was bedridden after a fall caused by a hip fracture that had gone undiagnosed.  While confined to her bed, she died of a bed sore.  The Tanner case was the fourth in recent years in which Colonial had been cited in the death of a resident.

Tanner's family was earlier awarded $1.1 million for their pain and suffering.  The $28 million punitive damage verdict is intended primariy to punish Horizon West for their negligence and remove the financial incentive to provide substandard care. 

As in many cases, Tanner's death was caused by a variety of factors resulting from abuse.  Solomon and Relihan's Nursing Home Advocates website offers informational pages on all of these symptoms of abuse:

You should also visit Nursing Home Advocates to learn how to detect abuse and neglect and stop it before it's too late.