A Washington Hip Lawsuit
The Wrights Law Corporation has announced that they will be filing a class action suit against Korson and GlaxoSmithKline, two of the manufacturers of the defective hip implant devices. According to the corporation, the Wright Hip lawsuit would settle about 85% of all personal injury claims currently pending in a multi-district litigation currently underway in the U.S. The company further stated that they expect the judgment to be largest of any such verdict ever rendered in a malpractice lawsuit. This is not the first time that the corporation has settled a large number of cases; however, it is the first instance that their decision to proceed with such a case will result in a judgment that is significantly larger than the amount that would have been recovered through the compulsory process. It should be noted that the original lawsuit was brought on behalf of the families of deceased former R.N. soldiers who died in the war; their suit against Korson and GlaxoSmithKline was later joined by the wives and families of all deceased soldiers.
The plaintiffs in this case are represented by the National Injury Center (NIC), which has aggressively pursued R.N. lawsuits.
While there are many similar cases in which this corporation has participated, these suits involving early failures in hip implant devices are unique in that the victims were able to seek a significant monetary reward from the manufacturers of these devices. Moreover, while other courts have sustained a ruling in favor of the manufacturer, the judges in the northern district of Florida have refused to allow a damages recovery based on the grounds that the devices were inherently defective when they were sold.
There are some differences between this type of class action lawsuit and other types of personal injury and wrongful death class actions. Unlike many class actions, in which the plaintiff receives no compensation unless the defendant responds, victims of these cases are able to recover damages even if the defendant does not acknowledge or pay. In addition, victims are permitted to pursue legal remedies through state and federal laws. In addition, victims of defective products are not limited to only those who have purchased the products. They may also recover if they are injured as a result of the product being used improperly.
In the case of R.N. hip lawsuit, the manufacturer of the device, GlaxoSmithKline, is not a party to the lawsuit.
The Florida court found that R.N. was responsible for permitting the sale of a defective device in violation of federal and state consumer protection laws. The parties to this litigation are not parties to any agreements, contracts or understandings with respect to the subject matter. Although a distribution company may be held liable for failing to properly market the product, it cannot be held responsible for being negligent in allowing the product to be sold in this manner.
This lawsuit involves what is known as a direct cause-and-effect lawsuit. That is, if a distribution company is held legally responsible for permitting the wrongful selling of its products, an individual injured through the product will be able to seek damages for what that company has allowed to happen. While a distributor may be vicariously liable for allowing the distribution of a defective product, it may still be found in the state or federal courts to be liable for the actions of the entire company. As a result, the loss suffered by the plaintiff through the loss of a limb and other related injuries, as a direct result of using the defective product, will be compensated through payments to medical bills and other benefits.
Another case which involves a Washington hip lawsuit involves a woman who was severely injured in an accident while riding her bicycle. She sustained a serious injury, which required her to spend a significant amount of time in the hospital and which ultimately resulted in her losing her arm. After the accident, her doctor recommended that she pursue a claim for the resulting injuries and pain and suffering, as a result of which she settled with the defendant for a substantially less than full verdict. The case was subsequently sent to the jury, who deliberated for more than seven weeks before delivering their verdict.