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Proving Negligence Against DePuy

DePuy ASR hip replacements implanted in 2003 or later have been recalled because of a higher than average risk of defects and post-surgery issues. Some people who have received these implants have reported pain and limited range of motion and have since had to undergo additional surgeries to fix or remove the implants. Those who have been negatively affected by defective DePuy hip implants have the right to sue the manufacturer for negligence.

The Four Steps to Proving Negligence

When a wronged individual initiates a civil lawsuit, he or she has the burden of proof, meaning he or she must be able to prove beyond a reasonable doubt that the defendant acted negligently. The four steps to proving negligence in court are:

  • Duty of care: Show that the manufacturer had a duty of care to patients.
  • Breach of duty: Show that the manufacturer breached that duty by causing or failing to prevent a reasonably foreseeable event.
  • Harm: The breach resulted in harm that led to some financial cost for the victim.
  • Causation: The manufacturer’s breach of duty directly caused the plaintiff’s injuries and losses.

These four points must each be proven in turn in a personal injury case in order for the injured plaintiff to recover damages for his or her losses. An experienced DePuy lawsuit attorney can help you build a clear case to maximize your chances of securing a favorable ruling. We are prepared to take aggressive legal action against the implant manufacturer to hold the company legally accountable for all of your injury-related costs.

Contact Us

Our DePuy hip implant recall lawyers have experience litigating product defect cases against major manufacturers from around the country. We know what it takes to try a case successfully. To learn how we can apply our knowledge and experience to your situation, contact Williams Kherkher today at 800-761-3187.

Contact Williams Kherkher




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