Hello,

 

A potential client just called with the following situation:  In 2005, he was diagnosed with a very rare form of cancer of the jaw.  The mandible was removed, bone was taken from his hip and grafted into his jaw in order to hold the titanium Mandibular Reconstruction Plate manufactured by KLS Martin. This first surgery failed because the flap was not insufficient and the graft did not take.

 

A second surgery was performed in November 2006.  Again, a titanium Mandibular Reconstruction Plate manufactured by KLS Martin was implanted.  In July 2007, the titanium Mandibular Reconstruction Plate literally broke in half.  Client will be undergoing a third surgery within the next two weeks.

 

The question is whether there may be a med mal and/or product liability case here.

 

Thank you in advance for your input.