Legal Question in Product Liability in California
I am 33 and have a Depuy "partial" hip prosthetic, which I received 6 years ago, and never "worked". I had 50,70,90(?) hip dislocations in the first five years and "knew", right after surgery, that it was "wrong'/faulty, but, also knew that another surgery would be the only way to correct it.
As I am phobically afraid of GA and epidurals have never worked on me, I decided that, only when I was afraid I would lose my leg, would I have the procdure done again. My fear of surgery is only surpassed by my fear of heights, so rationality is out the window.
The last 3 months, my hip has been dislocated, roughly, one out of three days, for days on end, and is so painful that I am unable to do, ANYTHING, other than stare into the distance, my mind screaming "ow, this really, really, hurts", over and over, to myself. Over..And over. I do not take pain medication, of any kind. No interest in foggyness or adictiveness of narcotics and OTC drugs are a joke.
However, mine is not one of the recalled ones. It shares 90+% of the material/technology as the recalled, came from the same plant, at the same time, and cause the EXACT same medical problems that the recalled ones do. I have zero doubt that Depuy has not recalled mine, as well, simply due to the financial aspect, and that they are very aware that the problem goes much deeper than they have admitted. The odds of every single issue that the recalled experience, occuring in mine, which has the same, overall, technology, made at the same time and in the same plant, yet occuring in ME, at a MUCH higher frequency, and being COMPLETELY UNRELATED TO THE "REAL" PROBLEM, which "only" affects the "full" prosthetic, are ridiculous in their probabilities.
YET, as Depuy has not recalled my prosthetic, and so "no" lawyer will take the case. So, then, what? I, me, I am screwed by Depuy, TWICE? Borderline to excrutiating pain, regularly, matallosis (metal poisoning from chromium and cobalt), the same thing that they have set aside a BILLION, with a B, dollars to settle lawsuits of my prosthetic's "immediate kin" patients, and yet, I am told, sorry, not our fault? Completely illogical, for one. Completely scandalous, for two. And, completely unethical(at least immoral), for all other, previous (4) Depuy recall attorneys to close my case, once they find that it isn't one of the recalled prosthetics.
There is ACTUAL evidence. The metal in my body doesn't get "pooped out". The dislocations do not, "instantly" pop back into place, if someone were to attempt to inspect them. So, the only, logical, conclusion is that, these, and other, attorneys believe that Depuy tells no lies, and so couldn't be their fault, OR, it is too much work, as it isn't a nice, standard recall form to fill out. Well, either way, it blows.
I am a network engineer, however, cannot work as one. In fact, I cannot work as anything. So I have no income. Not for bills, and certainly not to have to HIRE an attorney, as only the lucky patients that received the prosthetic "cup" get a pay later agreement.
So, I ask you, what the eff? Have I just laid out to you, the only options I have, in receiving some compensation? Those being nodda, as it is a very "cruel" catch-22. I was in fantastic shape, prior to the initial injury and resulting surgery. I have experienced HUNDREDS OF DAYS MORE PAINFUL, AFTER SURGERY, THAN EVEN ONE, PRIOR TO IT. I know that this piece of junk, drilled 10 inches into my femur, has caused PERMANENT, as in for the next 50 years, damage.
And it has PUT me into this very crazy "hole" that I don't see how I can get out of, other than having another procedure done. But my fear is that I could, potentially, die, in surgery. And if they are not held liable for the CURRENT prosthetic in me, they wouldn't be liable for my, potential, death. So my family would have no recourse, at least, initailly, in getting compensated by Depuy.
So why should I, me, me, be the only one that has to keep taking risks that involve my life and my family, when I didn't do anything but go to UCSF to have my hip replaced? Why does Depuy get to be immune from, even, a CASE, in front of A JURY, which would grant me a settlement, "without question", as that stuff called evidence can be shown as plain as day?
1 Answer from Attorneys
You chose not to do anything for six years. That is the problem. You have lost your rights to be heard in court.