Plaintiff Trial Lawyer Group Expresses Concern Over FDA Decision on Metal Hip Implants; Oakland Personal Injury Lawyer Jeff Nadrich Responds

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The FDA is changing its approval process for metal hip implants, according to a recent Reuters report, and some lawyers are concerned about what this will mean for victims' rights. Oakland personal injury lawyer Jeff Nadrich weighs in.

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The American Association for Justice, a leading plaintiff lawyers' industry group, is urging the Food and Drug Administration not to shield metal-on-metal hip implant manufacturers from litigation as new guidelines are enforced, according to a May 7th Reuters report. This comes as the FDA unveils new guidelines from metal hips, including a more stringent approval process.
According to Reuters, the group has shown support for the FDA’s move to place tighter regulations on metal hip manufacturers, but there is some concern that these regulations might make it impossible for side effect victims to pursue legal action when injuries occur.

"It would be absolutely unfair ... if these claims all of a sudden were thrown into jeopardy solely because the government determined that the products needed additional safety testing before being marketed to consumers again," wrote Mary Alice McLarty, the president of the American Association for Justice, in a letter to the FDA. The excerpt was reprinted by Reuters.

Oakland personal injury lawyer Jeff Nadrich believes that while the FDA is making the right move by improving standards for metal hip replacements, he agrees that the decision should not jeopardize the legal rights of people who suffer severe side effects. According to Nadrich, “The concern is that the new guidelines may offer certain protections to metal hip manufacturers, as devices approved through rigorous testing are often barred from legal action. But unfortunately, all the testing in the world is of little comfort to individuals who must endure the extreme pain and financial costs of metal hip complications.”

Nadrich believes that there should be greater oversight when it comes to the approval of metal hip replacements, but hope that the rights of side effects victims will be preserved.

About Nadrich & Cohen: Jeffrey Nadrich is an Oakland personal injury lawyer with Nadrich & Cohen, a California based law firm with offices in 18 locations across California. The firm has offices in Arcadia, Bakersfield, Fresno, Irvine, Long Beach, Modesto, Oakland, Oxnard, Palm Springs, Redding, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, Santa Rosa, and Tracy. Nadrich & Cohen handles all types of wrongful death and serious injury accident cases, including auto, truck, bus, motorcycle, and bicycle accidents, pedestrian collisions, boating accidents, dog bites, defective product cases and nursing home abuse. Victims are encouraged to call 1-800-718-4658 for a free consultation with a Nadrich & Cohen attorney.

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Jeff Nadrich
Nadrich & Cohen LLP
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