Defective hip prosthesis: manufacturer must pay damages for pain and suffering

A patient who had received an endoprosthesis in 2005 due to arthrosis had to undergo another operation in 2009, replacing the defective parts. According to one expert, increased metal abrasion had led to inflammation and bone loss. The plaintiff and numerous other affected persons have been proved to be right.
The court argued that a patient only has to accept the abrasion to the extent that it inevitably occurs on sliding surfaces. In the present case, however, it was caused by corrosion on a joint which had not been joined together firmly enough during the operation.

Analyses had shown that the required impact force cannot practically be achieved when assembling according to the manufacturer’s instructions. This was an instruction error.

The judgment is not yet final.

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© dpa/aerzteblatt.deaerzteblatt.de, 08.06.2020 (german original)
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