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Alleged defective bone cement prompts product liability suit

The safety and efficacy of medical treatment in the United States heavily relies on the careful crafting and engineering of proper medical tools and devices. Sadly, one woman claims that doctors utilized a defective medical device while operating on her knee, causing her to suffer serious injuries. Although the incident did occur in a medical setting, as the injury was caused by an alleged defective product and not a health care professional's negligence, victims of similar incidents in California would find the most appropriate course of action for compensation to be through a product liability suit rather than a medical malpractice claim.

Doctors initially performed total knee replacements on the woman in 2003, and according to her, the operation went off without a hitch. For the next 10 years she continued to thrive without any complications from the surgery or the implants. However, in 2013 it was apparently necessary to replace some of the knee implant components. 

The new components were manufactured by Deputy Orthopedics Inc. and included a certain type of bone cement. After suffering from intense pain and knee swelling, the woman learned that the bone cement might not have actually met the correct manufacturing guidelines. The cement failed to correctly adhere, resulting in the knee implant becoming lose and unstable. Her ability to walk was subsequently severely impacted.

The victim has pursued action against both Deputy Orthopedics as well as Johnson & Johnson Inc., the parent company of Deputy. According to her product liability suit -- a popular course of action for victims of similar incidents in California -- the bone cement was flawed in its design and failed to adequately note that the necessary warnings. She also claims that the cement was not sufficiently tested, which might have provided insight into the serious defects in its design. Although the damages that she is seeking are unspecified, if awarded they will likely address both related medical bills as well as any pain and suffering that the victim has suffered as a result of the second knee surgery.

Source:, "Patient claims bone cement used in knee replacement was defective", Kyle Barnett, March 25, 2015

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