METAL HIP REPLACEMENT LAWSUIT
Hip replacement surgery intendeds to improve a patient’s life by treating problems such as arthritis, pain, and loss of mobility. Unfortunately, in recent years, many hip implants have caused serious health complications. For example, health complications may involve: pain, infection, and organ failure. Furthermore, defective hip replacements may also cause high levels of cobalt/chromium in the bloodstream which can lead to a serious condition known as metallosis or metal poisoning. These complications may lead to a second surgery (Hip Replacement Revision Surgery) to correct issues. As a result, patients suffering from complications may be eligible to file a metal hip replacement lawsuit and receive compensation.
Di Pietro Partners has an experienced staff of medical malpractice and medical device injury lawyers. Furthermore, we work with top quality, board certified medical professionals. If you or someone you know, are suffering from hip replacement complications, you should seek legal and medical advice immediately. Therefore, to file a hip replacement lawsuit, or learn more about the issue, call for a free consultation today. 1.800.712.8462
Metal Hip Replacement Recall
Since 2008, there have been several recalls of metal hip replacement systems. Many problematic metal hip implants shipped from October 2008 to July 2016; these devices include, but are not limited to,
DePuy ASR Acetabular Hip Replacement System – Recalled in 2010 in response to data provided by a British joint registry which found a higher than expected instance of hip revision surgery.
Zimmer Durom Acetabular Component – Voluntarily recalled in 2008 because of inadequate surgical instructions.
Zimmer Taper ML Stem With Kinectiv® Technology – This product was introduced to the market in March, 2015. After only one month, the product was removed from the market, and the FDA announced a Class 1 Recall in June, 2015.
VerSys Femoral Head – Another hip implant by Zimmer, the Zimmer Versys® Hip System with a cobalt-chrome femoral head, is defective and prone to early failure.
Smith & Nephew R3 Metal on Metal system – The British medical device company, Smith & Nephew, issued a voluntary withdrawal of their metal-on-metal hip replacement system in June 2012.
Smith & Nephew Modular SMF – Smith and Nephew, recalled this implant system because of higher than anticipated adverse events and complaints. It sent out an Urgent Field Safety Notice warning doctors to monitor patients for high levels of metal ions in the blood.
Modular Redapt Femoral System – Recalled for similar reasons as the Modular SMF system.
Stryker Rejuvenate – Stryker issued a voluntary recall of this device in July 2012 due to reports of increased levels of metal in the blood along with high failure rates and revision surgeries.
METAL HIP MANUFACTURERS
Additionally, metal hip manufacturers linked to patient injury include:
Encore (DJO) – The Encore hip replacement device remains different from typical hip replacements. The difference is due to a polyethylene liner inside the ‘cup’ of the device. This allows connection of the device to the patient’s femur. The metal on metal motion of the device may cause cobalt & chromium fragments to break off and enter tissue around the hip. The entry of metal into the body may cause tissue death, and in some cases, may produce pseudo tumors.
Centerpulse – Previously known as “Sulzer Medica,” Centerpulse is a major medical device manufacturer. The company recently experienced problems with their Orthadapt hip implants, and Inter Op hip replacement devices. Problems with these devices involve premature failure, and possible connections to long term health issues in patients. For instance, one major health issue involves blood toxicity from metal. The toxicity is a result of metal debris entering the bloodstream. The entry of metal into the bloodstream is due to metal on metal wear from the faulty device.
Corin – Corin Ltd is a manufacturer of health products in the United States. Several issues have been reported in their metal on metal hip replacement device known as the Cormet Hip Resurfacing System. This device was brought to court numerous times for problems stemming from faulty design and premature device failure. These issues led to failed hip resurfacings, hip revision surgery, and death of bone tissue due to metallic debris in the bloodstream.
Exactech – Exactech is an orthopedic device manufacturer based in Florida. The company has faced numerous recent legal issues. For instance, in 2010 Exactech went to trial in a case which alleged they entered into unlawful agreements with medical professionals to incite surgeons to use Exactech products more frequently. These products included hip devices which have been subject to hip replacement recalls.
Biomet – Biomet was a major manufacturer of hip replacement devices. The company was acquired by Zimmer (a competitor of theirs) in 2014. The major product recalled was Biomet Magnum. This metal-on-metal hip implant has been subject to millions of dollars in lawsuits and patient compensation.
Other metal hip devices – If the hip implant you’re inquiring about is not listed anywhere above, you should still contact us as numerous other devices may be subject to a hip replacement lawsuit.
SYMPTOMS & HEALTH CONCERNS
The Food and Drug Administration (FDA) notes that there are some issues which are unique to metal-on-metal hip implants. In June 2012, the FDA held a conference to discuss the adverse effects linked to these devices and to evaluate their safety.
Metal-on-metal hip implants have been linked to a tendency for pieces of metal to be worn off the device. This metal may cause damage to nearby bones and tissue. According to the FDA, these metal particles may even enter the bloodstream and cause problems in a patient’s heart, nerves and thyroid gland.
The FDA recommends that anyone who undergoes a metal-on-metal hip replacement surgery be on the lookout for symptoms which may indicate a problem with their implant. These symptoms include:
- chest pain
- shortness of breath
- change in vision or hearing
- feeling cold
- weight gain
- change in urination habits
Patients who have any of these symptoms after a hip replacement surgery may be experiencing a reaction to the metal of the implant or an increase in the amount of metal in the bloodstream.
Hip Replacement Lawsuit FAQs
Which hip replacement devices have been recalled?
Below is a list of major hip replacement manufacturers along with recalled devices. You may visit the links to learn more about each specific manufacturer/device.
Johnson & Johnson (DePuy)
ASR™ XL Acetabular Cup System
ASR™ Hip Resurfacing System
ABG II Modular Neck Stem
Durom Acetabular Component
Taper M/L Stem With With Kinectiv® Technology
Smith & Nephew
R3 Acetabular System
Modular Redapt Femoral Hip Systems
Conserve Plus Cup
PROFEMUR® Z Modular stem
What are the signs/symptoms of a defective hip replacement?
One symptom of a faulty metal hip replacement involves a “grinding,” “popping,” “clicking,” or otherwise abnormal noise around the location of the hip implant. This type of noise may indicate that components of the device are rubbing against one another. Friction between these metal components may cause pieces of debris to enter the bloodstream which in turn, may cause a potentially fatal condition known as metallosis. This is also referred to as “metal poisoning.”
Other signs and symptoms of hip replacement failure include:
- Osteolysis (bone loss around the hip replacement)
- Prolonged pain in the hip joint
- Changes in vision or hearing
- Constant numbness/weakness
- Loosening and/or dislocation of the joint or other components
- Significant difficulty walking after numerous months/years of receiving the replacement
- Necessary second surgery to correct issues
What are the health risks of having a defective hip implant?
As stated above, metal poisoning is one very serious condition associated with a defective metal hip implant. This condition is potentially fatal as it can cause issues with the patient’s heart, nervous system, thyroid gland, and other vital organs/functions.
Another serious health concern involves the formation of a pseudotumor which is often caused by adverse reactions to metal debris. This adverse health issue may also be fatal.
Additionally, when a hip implant is defective, the patient will often have to undergo one or more additional surgeries to correct issues. These additional surgeries are known as “hip replacement revision surgery,” which in itself, is a health risk. Hip revision surgery is a health risk because it exposes a patient to additional risks of infection, heart attacks, blood clots, and more.
Other health risks involved with defective hip implants include:
- Permanent disability, or significantly reduced mobility
- Prolonged chronic pain
- Blindness/reduced vision
Is a device recall required for a lawsuit?
No, certain devices have not been recalled but are still subject to litigation due to the high rate of failure and patient injury. For example, the DePuy Pinnacle hip replacement has not been recalled, yet the manufacturer(s) (Johnson & Johnson and DePuy) are currently facing almost $2 billion in lawsuits due to injuries from this device.
What other devices are subject to litigation?
If the hip replacement is made of metal and caused injury due to device failure, there’s a good chance you’re eligible to receive compensation regardless of whether or not there was a recall. Below are some additional (non-recalled) metal hip implants linked to serious patient injury.
- Zimmer/Biomet M2a Magnum
- DePuy Pinnacle
Can the manufacturers be sued?
Yes, absolutely! If you were injured by one of the devices listed above, or another hip replacement made of metal, there’s a good chance that you’re entitled to compensation for your injuries. Since your injury occurred due to a defective medical device, the manufacturer is at fault, and thus, is legally liable. With that said, there’s a time limit on your claim; so, it’s important to seek legal and medical advice as soon as possible.
What does it cost to file a lawsuit against the manufacturer?
Nothing. If you or someone you know have been affected by a defective metal hip implant, you’re eligible for a free case review and pay nothing until we win your case and collect a settlement.
Is there a statute of limitations on hip replacement lawsuits?
Yes. The statute of limitations will depend on several factors such as: the type of device, the state where it occurred, when the injury was discovered, if/when you had hip revision surgery etc. You’ll need to consult with an attorney to determine the exact statute of limitations on your claim.
Who’s eligible for compensation?
Individuals are eligible to file a lawsuit against the manufacturer as long as they meet the following criteria:
- You were injured or significantly affected by a metal-on-metal hip implant.
- The hip replacement procedure occurred in the United States.
- Your claim falls within the statute of limitations.
Please note, these are general guidelines; it’s impossible to provide absolute answers without an actual legal consultation
How can I receive compensation?
Many of the lawsuits against metal hip manufacturers are consolidated into Multi-District Litigation (MDL) cases. MDL’s are similar to class action lawsuits in that they have the potential of providing a high level of compensation to a massive number of affected individuals. If you were injured by a faulty metal hip replacement, there’s a good chance your case is eligible for one of the existing MDL cases against the product manufacturers. Our lawyers will help you file your claim and represent you as part of a Multi-District Litigation case anywhere in the United States.
What type of settlements can I receive?
To put this in perspective, here’s a short list of some of the settlement amounts and/or estimates (as of 2019)
- Zimmer paid close to $400 Million so far with litigation still pending.
- Johnson & Johnson/DePuy paid a large settlement of $2.5 Billion for 8,000 claims.
- Stryker paid settlements of $1.43 Billion with an average of $600,000 per claim.
- Biomet, a company that was acquired by Zimmer in 2014, paid $56 Million with thousands of pending claims.
Learn More About Your Options
If you or a loved one have been injured because of a faulty hip replacement, or have had hip replacement revision surgery to correct issues, you should seek legal and medical advice immediately. Also, it’s important to note that a device does not need to have been recalled to be the subject to litigation. Therefore, if you wish to file a metal hip replacement lawsuit or learn more about the issue, call our toll free number today. 1.800.712.8462