Hip Recall | Hip Implant Lawsuits | Hip Metallosis | Hip Revision Lawsuit Attorneys
Updated April 16, 2017
While most defective medical device cases are tried by a jury, a New Mexico judge has just awarded more than $2 million for a defective Zimmer hip implant with an “unreasonably dangerous design,” following a two-week bench trial.
The Judge wrote a 27-page decision where he ruled that the defective design and insufficient testing caused likely permanent harm to the plaintiff, resulting in “metallosis”. Metallosis is commonly found in patients who have received a metal on metal hip. It is a buildup of cobalt debris that harms the hip joint and contaminates the blood.
The plaintiff was required to undergo two revision surgeries after getting his metal on metal hip. Alarmingly, the judge wrote that the Plaintiff will probably need a third, more complicated revision surgery in the future.
“It is never appropriate to design a hip implant system that would create an unreasonable risk of injury to the health or safety of a patient,” the Court wrote.
The judge traced the product defect to Zimmer’s testing its components in isolation, but not how they interacted together. Had they done so, the company could have determined their potential harm.
The lawyers at TheLawFirm.com have spent decades representing everyday Americans against the greed of giant corporations. Whether is a defective medical device, a bad drug, nursing home abuse or car accident victims being taken advantage of by giant insurance companies, TheLawFirm.com is proud to stand with other lawyers around the country to fight for consumer justice.
If you received a metal on metal hip and got complications such as infection, metallosis or other serious complications, call the metal on metal hip attorneys at TheLawFirm.com for a free consultation.
• Billion Dollar Metal on Metal Hip Implant Recall Lawsuit Settlements
Click for important information about Bair Hugger Blanket Infections used after surgery!
Certain manufacturers of the metal-on-metal hip implants have agreed to pay out billions in settlements on hip recall lawsuits to those who have suffered as a result of defective hip products. If you had a metal-on-metal hip implant removed, or still have one today, you may qualify for substantial settlement funds. TheLawFirm.com has clients enrolled in these settlement programs and know how to navigate the complex rules and requirements of qualifying our hip revision recall clients for compensation. Call us today at 1(855) 696-1400 to find out if you qualify.
Metal-on-metal (MoM) hip implants were originally marketed as more durable and innovative than their older counterparts. Claims that they would extend the lifespan of artificial hip joints have proven false as MoM hip implants often fail prematurely and pose serious health problems. When the friction of the metal on metal hip replacement releases metal shavings and dust into nearby tissues and blood, this can lead to many painful side effects including cobalt poisoning, metal in the blood, metallosis, severe inflammatory reactions, loss of mobility, pain in the groin, breakdown of muscles, tendons and other soft tissue, and bone loss.
Hip replacement or revision surgery is one of the most common joint replacement procedures performed in the United States. Many people find relief with this surgery and go on to live active, productive lives. Some, however, have suffered debilitating side effects.
Metal-on-metal hips include models from DePuy ASR, DePuy Pinnacle, Stryker, Zimmer, Wright and others. You may be able to determine the make and model of your implant yourself or you can rely on TheLawFirm.com to find out for you, at NO COST TO YOU.
Update: Metal on Metal Hip Litigation
In the early 2000s, several hip implant manufactures, including DePuy , Stryker, Wright, Biomet, and Zimmer, rushed to the market with a new option for those needing hip replacement surgery. These new hips, with metal-on-metal components, were marketed to doctors as the holy grail of hip replacements, particularly for the younger and more active patients. They’ll last twice as long the companies said! And they put these products out as fast as they could trying to get a bigger piece of the money pie.
All of the various metal-on-metal hip replacement systems have been recalled or been withdrawn from the market by the manufacturers amid increasing evidence of metallosis, pseudo tumors, and cobalt/chromium poisoning.
We filed our first hip case in 2012 and have been working on these cases every day. Some of our clients have received settlements in the settlement programs that have been offered by certain manufacturers. Other manufacturers continue to refuse to pay the compensation that our clients deserve. For those clients we continue to fight on. We are confident of a positive outcome and have devoted the enormous resources of our firm behind these cases.
Metallosis: medical condition associated with the build up of metal debris in the tissues of the body (typically concentrated in the tissues around the source of the metal debris).
Cobalt/Chromium poisoning: abnormally high levels of cobalt and/or chromium in the blood (commonly associated with medical implants with metal-on-metal surfaces)
Pseudo-tumor: an enlarged mass resulting from chronic inflammation or fluid accumulation (commonly found in the hip joint of those with metal-on-metal hips).
MDL: Multi-District Litigation – a Federal Court system of managing large groups of related cases such as cases involving defective medical products.
Frequently Asked Questions:
How much will this cost? There is no fee unless and until we win for you. Our straightforward fee agreement sets out the simple terms of our fees and costs when we win your case. We will never ask you to send us money. Ever.
Where will my case be filed? Depending upon the analysis of your medical records and confirmation of the model of your hip implant, your case may be filed in one of the metal hip MDLs or in a State Court coordinated proceeding.
Is this a Class Action? No. A class action is where one or two people represent everyone and make the decisions for you. With metal hip claims, each case is individual and you, with your attorney, make the decisions about the important events in your case like whether to enroll in a settlement program when it becomes available. In the legal world, this is called a “mass tort”.
Do I have to go to Court? Probably not. With thousands of similar cases filed before yours, it is very unlikely that you will ever have to go to Court. 99% of cases like this resolve in a settlement program.
Do you sue my doctor? No. We do not sue or make any claims against your doctors. We believe that the surgeons are the victims of the greedy medical company as well. In fact, many doctors have told us that the company “sold them” on the metal hip design by promising that it was the best choice for younger and more active patients because of the stability of the materials. Unfortunately, those companies lied to the medical community and you suffered because of it.
Will everyone get the same amount in a settlement? No. When a settlement happens there will likely be a “base value” subject to adjustments depending upon certain criteria. You will decide whether to settle your claim or not (with the advice of your attorney).
Do you guys know what you are doing? That’s an easy one. Yes. Our metal hip team has been successfully working on metal hip cases for six years. We have represented victims of defective medical products for almost 20 years.
What is the current status? There have been several metal hip implant cases that have reached trial. Most cases have won and some have lost. While the cases that have gone to trial are not binding upon any other cases, it is encouraging to know that juries have stood up to the greedy corporations and told them to stop hurting people in the name of profit. In addition to the trials, there have been several settlement programs for certain metal hip claims and thousands of families have already been paid compensation.
More trials are scheduled and we will be issuing regular updates to our clients about settlement programs and progress in the litigation.
Update: Hip Preservation Order
Even though the attorneys at TheLawFirm.com work on a contingent basis, and advance the case costs, the client is responsible to repay most costs when the case is over. In a metal on metal hip case, one of those costs might be for storage of the removed hip. The theory behind forcing the storage of the explanted medical device, as well as any surrounding tissue removed with the device, is that it may be crucial evidence the lawsuit. Therefore, if proper storage protocols are not followed, there is a risk that a court will declare the evidence ‘spoiled’, potentially placing any legal claims in jeopardy.
It is common for judges to order protocols for the preservation of explanted device. For example, the federal judge overseeing the DePuy ASR hip replacement multidistrict litigation issued an ‘Explant Preservation Order’ that clearly outlines the steps that both plaintiffs and defendants must abide by in order to preserve ASR hip explants following revision surgeries.
Among other things, the order requires that:
• The DePuy ASR hip implant be preserved and examined in a way to prevent any additional damage to the device.
• Hospitals must also preserve synovial fluid, and/or whole blood/serum at the plaintiff’s request.
• The explanted DePuy ASR hip implant be retained by the receiving party, or sent to a designated storage facility that is mutually agreed upon (such as SciSafe Inc. or Steelgate Inc).
While it could be argued that this order prevented patients from inadvertently losing or destroying evidence, it also creates a lot of extra cost. Since most patients can prove via other means what device they had implanted and since most cases settle, we are disappointed that our clients have to bear this cost. What makes it even worse is that these cases can, and do, take years. This means the cost of storage could eat up thousands of dollars of tax-free money that should go to our clients.
In our view, this would be more palatable if the plaintiffs needed the device to prove who made it or what model it was. However, the Defense could stipulate that this proof could be made via medical records. However, it is our view that the companies who made these defective products are requesting the preservation orders to make things more difficult, and expensive, for the people they have harmed.
Nevertheless, the Court has made these orders. Regardless of whether you have a DuPuy ASR, Wright, Biomet, Pinnacle or Stryker metal on metal hip, you should assume that an order has been made regarding preservation. Therefore, if you are facing a revision surgery, we urge you to contact TheLawFirm.com to learn more about what is required. Failure to follow these orders could mean serious sanctions, including the dismissal of your case. We can help make all the arrangements, and pay the cost, until the case resolves.
If you or a loved one has suffered any symptoms after receiving a metal hip implant, you may be entitled to compensation. Our award-winning lawyers have set records in settlements and trials for obtaining fair compensation for our clients and can file a lawsuit on your behalf. Call now to speak with an experienced legal professional for free.
Please contact us at 1(855) 696-1400 or for a free legal evaluation of your claims today!
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