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$150,000 Settlement for Defective Hip Prosthesis that Failed Due to Fretting Corrosion

Case Overview

In October 2005, our client underwent a right hip replacement whereby a hip prosthesis device was implanted. The device was composed of uncemented ceramic on ceramic and was manufactured of titanium alloys.

In 2015, the neck component of the device fractured, causing severe injury to our client, limiting his mobility and hindering his quality of life.

Our client approached Gerard Malouf & Partners to investigate whether the manufacturer of the prosthesis was liable either in negligence or pursuant to the Australian Consumer Law for his injuries.

Our Approach

Mr Leslie Abboud, an experienced Medical Negligence Lawyer, sent the prosthesis to a Forensic and Mechanical Engineer to inspect and prepare a report on failure. The expert opined that there were deficiencies in the manufacturing of the device causing a misalignment of its grain structure thereby decreasing its strength.

Our expert also opined that cobalt alloys should have been used in the Device instead of titanium alloys which increased the likelihood of premature failure of the device.

Mr Abboud had our client assessed by a Psychiatrist and Occupational Therapist who detailed the level of impairment and ongoing disabilities that affected our client as a result of the failure of the prosthesis. The reports prepared by our experts allowed us to quantify the damage, enabling the matter to be settled at a mediation.

Leslie Abboud Lawyer

Leslie Abboud

Consultant
Knowing what the reasonable clinical practice is allows me to ask the right questions that establish the defendant’s liability. Inexperienced lawyers just fumble through this delaying your rights.
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