I was asked by an employment lawyer in Arlington, Virginia to write a guest article on employment issues that often arise when a client’s artificial hip fails. My post was published today. You can check it out here: Two Key Protections When You Lose Your Job or Wages Following Artificial Hip Failure.
As you can read in the article, a client typically has to deal with physical challenges and employment issues when an artificial hip or other medical device fails. It can be financially devastating to be physically incapacitated and unable to return to your normal work hours. I have had clients who had to resign their positions because they could no longer sit at a desk or stand in a car lot for long hours. But there are ways to protect yourself when you are in this position, and you should be aware of them. The Americans with Disabilities Act prohibits employers from firing you simply for having a disability. Also, you can and should bring a claim for lost earnings in your product liability lawsuit for a failed medical device or failed drug. You can read about lost earnings claims in the context of the Depuy ASR Hip Settlement here.