Zimmer Biomet Shoulder Lawsuit Case Study

In first Place, I´m going to introduce some concepts about products liability law and products liability; which refers to the liability of any or all parties along the chain of manufacture of any product for any damage or harm caused by that product. This includes the manufacturer of component parts

On March 26, 2008, Hughes filed an initial grievance against Boston Scientific in the district court of Mississippi, seeking recovery of injuries allegedly caused by the HTA medical device. A summary judgment was awarded to Boston Scientific on the court’s conclusion that all claims made by Hughes are preempted under the Medical Device Amendments of 1976, 21 U.S.C. § 301 et seq. On

Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended

This proceeding before a Medical Review Panel, pursuant to La. Rev. Stat. §§ 40:1299.41, et seq., is brought by Jimmy Martinez against multiple health care providers, including Dr. Mark Kappelman, a qualified health care provider entitled to have the claim filed against him reviewed by this Panel. The claims made against Dr. Kappelman are mere allegations without support and proof. In a medical malpractice case the burden of proof is on the claimant to establish that Dr. Mark Kappelman’s actions in this matter fell below the standard of care required of similar health care providers. The claimant also bears the burden of proving whether any such alleged act or acts of negligence caused any injuries. It is the duty of the

The most common duty of care in most cases is the "standard of care". In which, it requires EMTs to provide the quality of care that a similarly skilled and knowledgeable EMT would provide. If the patient of an EMT worker has decided to sue an EMT or paramedic for medical malpractice, applicable laws vary by states. For example, a lawsuit in Philadelphia, which occurred on October 1, 2012, due to the death of Joanne Rodriguez.

The Plaintiffs, family of the decedent plaintiff, Barbara J. O’Neil, filed a wrongful death complaint due to mesothelioma against the defendant manufacturers, Crane Co. et al., in concerns of valves and pumps manufactured for use on Navy warships. This particular claim raised strict liability claims and negligence claims in regards to asbestos exposure experienced by the decedent

Other causes of actions in the personal injury complaint - which is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstance. Another cause of action is strict product liability, which is that strict product liability is a legal rule where the distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened. Another cause of action is design defect which is when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller and the omission of the alternative design renders the product not reasonably safe. Another cause of action is failure to warn which is when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or distributor.

Businesses could be held liable for negligent tort if their product injury, harms consumers or is falsely represented. Nonetheless, when the circumstances warrant, parties that are not guilty of negligence or an unintentional tort can still be subjected to compensations when their products injure customers (Seaquist, 2012) Recall Negligence is an unintentional tort wherein one party is injured result to some actions of another. There are certain factors that must be considered to determines whether a corporation acted negligently. The elements are the following: a breach of that duty, legal duty to use due care, a reasonable close causal connection between the breach and the plaintiffs resulting in injury, and the actual loss or damage to the plaintiff. This paper is going to discuss a negligent tort due to a company’s recall of its product. The company may be considered liable for negligence if there was no recall on their product and the product caused bodily harm to a consumer (Benjamin, 2015). Throughout the paper will discuss the reason of Toshiba recalling their laptop computer battery packs due to burn and because of its potential to catch fire on March 30, 2016 and the recall number is 16-131. If the company did not make the decision to recall their laptop computer battery could have been diligent. To prove the negligent tort the consumer must prove factors such duty to care and defenses of negligence (Seaquist, 2012).

If the rule applied is based on the risk utility analysis, the defendant may be liable for a design defect even if the product complied with all the existing levels of technological advances at the time the design was done. The plaintiff should then use evidence based on the risk-utility factors to establish a design defect and a prima facie case. The trial court must permit the jury to consider whether the risks of injury outweighed the utility of the product’s design so that it can be rendered defective.

Jumpstater Inc had developed a product, Jumpstarter I, which was a pacemaker intended to regulate the heartbeat of an individual in the body. At the end of the nineties, the company discovered that the device became faulty when the body temperature increased above normal. To reverse the damage, the firm asked the medical facilities that had any unused product to return them to the company for credit. Additionally, Jumpstarter Inc. advised practitioners to remove any device that had already been implanted in the patients.

Liability for a warning defect falls to sellers if they have failed to provide adequate instructions

Issue: The second issue to consider is whether Amin could bring a claim of negligence against Bob & Patrick.

There are different categories of SREs and an example includes performing a surgery on the wrong patient and an example of product or device events is death resulting from use of contaminated drugs. (NQF Updates List of Serious Reportable Events and Identifies Applicable Settings).Defect devices received through a health care facility. SREs on surgical event can be prevented by ensuring that proper records of patient are kept by a qualified staff, and also care and due diligence is observed when the process is taking place in that a small error may result to death which is very adverse. The strategies to be used if it ever happens is that the health care facility should be conducting forums whereby care and due diligence

Liability – Discerning liability emerging from the use of mHealth solution has been a complex issue of concern due to the involvement of various bodies: mHealth solution manufacturer, health care provider, any authority or body which is involved in providing the diagnosis or even the internet service provider. The impairment to the consumer health could possibly come from numerous sources like – an erroneous diagnosis by a health care provider (based on data which was not accurate), a mistake made by an IT professional, a faulty device, the inability or wrong usage of device by a consumer. The possibilities are endless.

1. This case starts out in a lab that is located in a building that is operated by Crescordia. Crescordia is a company that makes a range of products such as artificial hips and scalps but also is one of the few companies that sell fixation devices. At the beginning of the case Crescordia holds a seminar for orthopedic surgeons so they can better familiarize themselves with the products and procedures that are needed when dealing with using these fixation plates. During this seminar the CEO Peter Walsh enters excitedly to see what is going on. You can tell right from the start that he is a very big people person and is incredibly interested in finding out the needs and what