San Diego Doctor Sues Smith & Nephew Over Faulty Hip Implant

Posted in Orthopedics by Brian Buntz on January 18, 2013

Smith & Nephew is being sued over a botched hip implant by a doctor who works for the San Diego Chargers. Last year, the company spent the greater part in damage control mode resulting from fallout over faulty ICD leads. The recent lawsuit against the company is a counterclaim to a $2.2-million medical malpractice suit against the doctor.

According to the San Diego Union-Tribune, the lawsuit stems from a 2007 botched surgical operation by Dr. David Chao, which caused significant health problems for a patient named Kathleen Adams. Dr. Chao blamed the botched operation on poor training and a fault in the surgical scissors used with Smith & Nephew’s hip resurfacing implant.

Dr. Chao alleges that the company failed to provide adequate training and had told doctors "to push the tips of the scissors into tissue in a manner such that the surgeon did not have a view of the tips of the scissor tines (i.e., 'blind' cuts)."

Court documents state that "Smith & Nephew caused, in whole or at least substantial part, the loss and damage suffered by the patient and her husband, and in turn the losses suffered by plaintiffs in connection with the claim made against them arising from the BHR procedure performed on May 30, 2007. But for the defendants' failure to properly develop reasonably safe procedures and related surgical equipment, and to provide appropriate training and warnings, the plaintiffs would have suffered no claim against them and would have sustained no loss."

Dr. Chao is no stranger to the courtroom. Over the past 15 years, Dr. Chao has been named as defendant in 20 cases involving negligence, fraud, personal injury, or medical malpractice. The Medical Board of California is reviewing all available information to determine if Dr. Chao’s medical license should be revoked.

References

http://www.utsandiego.com/news/2012/aug/01/75m-in-damages-in-case-involv...