Articles Posted in Hip Replacement Lawsuits

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Alice Underwood, 82, underwent hip replacement surgery and rehabilitation. Six days after the surgery, she was admitted to Victor Valley Global Medical Center for treatment of a urinary tract infection and dehydration.

While she was hospitalized, she suffered a surgical site infection, which caused her incision to separate. She underwent surgery to remove necrotic tissue and then was sent to a rehabilitation facility.

Twenty-six days later, Underwood died of cardiopulmonary arrest and infection. She was survived by her three adult daughters and a son.
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This case concerned the first of over 500 cases regarding the Wright Medical Conserve “metal-on-metal” hip replacement device designed and manufactured by the defendant. The plaintiff filed a products liability suit alleging, among other things, that the defendant was liable for design defects based on strict liability and negligence.

On appeal, the defendant challenged the entry of a $2,100,000 judgment. The court rejected the defendant’s argument that the district court erred in ordering the jury to continue deliberations after the jury had already begun to deliver its verdict.

In this case, upon recognizing the inconsistency in the jury verdict, the district court immediately halted publication of the verdict and instructed the jury that an error had been made; the district court acted in a neutral and non-biased manner in acknowledging and addressing the inconsistent verdict; and the district court also recharged the jury.
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