Personal Injury Law

Former Umpire seeks accountability for Failed Hip Replacement

By Hurley, McKenna & Mertz

Mark Hirschbeck ?had his dream job as a Major League Baseball umpire and reached a career high with the 2001 World Series, but he says what started as a routine hip replacement surgery cost him his career and has led to years of pain? (New Haven Register, Sullo 7/21). The pain began when his ceramic hip replacement shattered during recovery, even though his surgeon had told him he was getting the ?Rolls Royce? of artificial hips.

Two additional ceramic hip replacements and a staph infection later left Mr. Hirschbeck unable to sit or stand for long periods of time. He obtained another physician who replaced the ceramic hip with a non-ceramic hip and he is now doing better.

Now, Mr. Hirschbeck has turned his attention towards Congress by advocating for the Medical Device Safety Act. In 2008, the U.S. Supreme Court ruled, ?manufacturers of class III medical devices that have U.S. Food and Drug Administration approval, like Hirschbeck?s artificial hip, are immune from claims challenging these products? safety or effectiveness.? The Medical Device Safety Act, if passed, ?would allow injured consumers like Hirschbeck to bring product liability claims to a jury, and potentially hold medical device manufacturers accountable when their products cause injury or death.?

As a medical malpractice lawyer, I am disappointed that the same medical mistakes were made repeatedly. I support the Medical Device Safety Act because manufacturers of medical devices should be held liable for the injuries caused by their products. Furthermore, ceramic hip replacements should be subject to thorough evaluation if they both have a tendency to shatter and cause infection.

Full post as published by Chicago Medical Malpractice Lawyer Blog on July 30, 2009 (boomark / email).