Visitor Question

Broken Metal Plate in Leg…

Submitted By: Anonymous (USA)

I have had an injured leg since childhood. Last year I had surgery during which the leg was repaired using a metal plate and several pins.

I have been experiencing a lot of pain lately and so I returned to the doctor who told me the metal plate was broken.

Is the manufacturer of the plate liable?

The doctor told me I will need more surgery to replace the plate and that I will have to pay for it. I have no insurance and I’m still paying off the first surgery – approximately $20,000. I hope there is some way I can get this paid for. Please let me know if there is anything I can do. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You may have the basis of what is referred to as a “Product Liability” claim. Products which prove to be defective and as a result cause injuries to people, are those which should be either taken off the market or modified. Unfortunately sometimes the only way defective products are taken off the market or modified is as a result of litigation.

Because you are having financial difficulties you would be wise to contact a personal injury attorney. If the attorney believes there is a way to confirm the metal plate was defective she will probably accept your case on a contingency fee basis.

A contingency fee basis means you will not have to pay any money at all to your attorney until and unless, she either settles your case or wins it at trial. If your case is settled the attorney’s fee will probably be 33.3% of the gross settlement amount.

If the case goes to trial the fee may rise to 40%.

There are some product liability cases which can be pursued without the assistance of a personal injury attorney. Most though, need the expertise and money a personal injury law firm possesses. Product liability cases can be very expensive to litigate.

There is also a possibility your attorney may want to begin a “Class Action” lawsuit against the manufacturer. A class action lawsuit usually includes a large number of plaintiffs against the manufacturer of a defective product.

You also might want to do some research to see if there aren’t already any ongoing class actions for the same defective metal plate. With the make and model of the metal plate you should be able to get online and find if there are any of those class action suits available for you to join.

In any event, your best bet would be to contact a personal injury attorney. Most will not charge any fee for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 14, 2012

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Comments

One thought on “Broken Metal Plate in Leg…

  1. I had a bunion removed a few years ago and was told at the time it was removed that may be possible for it to come back. It did. So I had to have a second bunion removal surgery back at the end of February of this year. My foot dr had to remove part of the joint in the first surgery so there was not enough viable joint left. He gave me two options: option one was an implant which he said he hadn’t had good results with; so we opted for option two, he fused my big toe at the second joint and put a titanium plate in. Last Thursday the plate broke. Can the manufactures of the plate be sued?

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