The Fitbone manufacturer has a bad policy. It's evident why you're not happy with them but you've got them by the balls. You could get lots of money from them and Musicmaker would become a millionaire. If you sue them and the doctor and the fake PT as I've told you you will be rich forever. You've got them by the balls.
I do not think I can get lots of money from them. And suing the doctor? He has done an excellent job!
What you are right about is that despite the fact that overall everything worked out nicely for me so far, I did incur costs that were caused by the implant failure. This implant failure was not due to the manufacturer's negligence but just due to bad luck. However, as a product manufacturer, at least according to German law, you are responsibe for product failure even if you are not negligent.
The liability of the manufacturer according to German law encompasses:
1. replacement implant
2. payment of the replacement operation and hospital
3. lost work time of patient
4. non-material damages, iE pain
5. consequential damages due to incomplete recovery