Hip replacement lawsuits are among the most pervasive in the history of medical device litigation in America. The first total hip replacement is credited to Philip Wiles, who used a steel joint attached to bone bolts and screws in 1948. The hardware tended to loosen over time, and concerns of metal poisoning were evident by the 1970s when metal-on-polyethylene and ceramic-on-ceramic implants were introduced. Even with these new advancements, surgeons expressed concerns about bone tissue-destroying debris and device fractures.
While modern hip replacement marketers continue to assure us of their safety, effectiveness, and widespread popularity for patients of all ages and conditions, the truth remains: Over 300,000 hip implants are done every year, and many of these replacements will result in pain, complications, and the need for revision surgery.
Patients are mobilizing to hold medical device manufacturers accountable for putting financial gain ahead of safety. Thousands of cases have settled, but many lawsuits are still underway, and others continue to be filed. Contact Louisiana’s Bart Bernard, “Your Personal Injury Lawyer™”, for a free consultation to learn more about the current status of hip replacement lawsuits and your options for receiving compensation for your injuries.
Primary Hip Replacement Complications
The type of complication you have depends upon what materials were used in manufacturing your particular implant. Metal on metal hip implants are associated with poisoning injuries. An estimated one in 12 recipients of metal-on-metal devices will require corrective surgery within five years. The exact cause of complications is debated in the medical community, but the leading theory is that constant abrasion of the metal components causes cobalt-chromium particles to rub off and build up in the patient’s blood.
This toxicity leads to severe complications such as:
- Bone loss from device loosening
- Cardiac complications like heart racing or arrhythmia
- Clicking, popping, or grinding in the hip
- Difficulty and pain when walking, standing, or carrying heavy objects
- Dislocation of the implant
- Fractured hip bone
- Infection
- Leg length discrepancy
- Memory loss
- Mental fog
- Psychotic episodes
- Pseudo-tumor development
- Severe pain
- Swelling
- Tissue inflammation
Metallosis can also trigger widespread immune system problems like:
- Eczema
- Hives
- Itching
- Necrosis of bone and soft tissue
- Osteolysis bone degeneration
- Rash and redness
Hip replacement devices made of other materials have been associated with other complications, such as:
- Blood clots (deep vein thrombosis)
- Chronic or intermittent pain
- Device or bone fracture at the implant site
- Limb length disparity
- Loosening of the joint and dislocation within 10 years
- Osteolysis bone degeneration
- Sciatic or femoral nerve paralysis or numbness
- Serious infections immediately after surgery
Some complications (like blood clots or infections) occur right away after surgery, while others (like joint loosening or fractures) up to 10 years later. While the overall mortality rate for hip replacement surgery is low (0.25%), complications often lead to the need for revision surgery, which is almost four times as risky for younger patients (0.7% mortality rate) and even more dangerous for the elderly.
Hip Replacement Manufacturers
Bart Bernard personal injury attorneys are reviewing new claims for the following products:
DePuy Hip Replacement
- DePuy® Orthopaedics ASR™ XL Acetabular Hip Replacement System (2005-2010)
- DePuy® Pinnacle® Modular Hip Replacement System (2001-2010)
Stryker Hip Replacement
- Stryker® Rejuvenate
- Stryker® ABG II Modular-Neck Hip Stems
- Stryker® LFIT V40 Femoral Head
Wright Hip Replacement
- Wright Medical Technology Hip Replacements (Conserve®, Dynasty®, Profemur®, and Lineage®)
Zimmer Hip Replacement
- Zimmer Durom® Cup Hip Replacement Device
While these are the main products under consideration in lawsuits, you may have another type whose problems have yet to be publicized. It is always best to contact an experienced medical device lawyer for a free case review to begin investigating the potential for a claim.
FDA Hip Replacement History
Visit the U.S. Food and Drug Administration medical device recall database to find out if your implant has been included in a recent hip replacement recall. Over the years, products from DePuy Orthopaedics, Wright Medical, Stryker Corporation, and Smith & Nephew have all initiated recalls. Manufacturers may initiate a recall due to defective design, a defect in the manufacturing process, a slew of adverse event reports, or an uncovered risk of death.
Recalls may be categorized as a Class 1 (reasonable probability of serious adverse health consequences or death), Class 2 (could cause temporary or reversible adverse health consequences), or Class 3 (not likely to cause adverse health effects).
Hip Replacement Multidistrict Litigation, Jury Awards, and Settlement Amounts
Most hip replacement lawsuits have been consolidated under multidistrict litigation (MDL), a procedure designed to reduce duplication of effort and increase case administration efficiency. You can visit the Judicial Panel of Multidistrict Litigation website to view a list of pending dockets. Here are some of the recent MDLs:
MDL 2391 (Northern District of Indiana) Biomet M2a Magnum Hip Implants
- A $56 million settlement was proposed in February 2014.
- Plaintiffs received a base award of $200,000, with more for particularly severe cases.
- As of November 2019, 107 of 2,883 cases were still pending.
MDL 2244 (Northern District of Texas) DePuy Orthopaedics, a Division of Johnson & Johnson
- J&J agreed to set aside $1 billion to resolve 95% of the 6,000 lawsuits as of May 2019.
- The settlement offer includes an earlier settlement for more than $400 million.
- Individual settlement amounts are confidential.
- As of November 2019, 10,099 out of 10,4331 lawsuits were still pending.
MDL 2197 (Northern District of Ohio) DePuy Orthopaedics ASR and XL Acetabular Hip Systems
- DePuy reached a “multi-billion dollar” settlement in May 2019, but details were hush-hush.
- In June 2019, ABC Newsreported individual offers ranging from $100,000 to $250,000.
- One bellwether trial resulted in six plaintiffs receiving damages ranging from $36.8 to $48.6 million.
- As of November 2019, there were 1,634 out of 10,271 cases still pending.
MDL 2775 (District of Maryland) Smith & Nephew Birmingham Hip Resurfacing Implants
- More than one million pages of documents have been produced.
- The first bellwether trials are anticipated to begin in March 2020.
- As of November 2019, 697 of 743 cases were still pending.
MDL 2158 (District of New Jersey) Zimmer Durom Cup
- In 2016, Zimmer reached a binding settlement agreement worth more than $300 million.
- Qualified patients included those who had revision surgery within nine years of implantation.
- Individual awards of $175,000 subject to enhancement or reduction were offered – or $25,000.
- The majority of patients allegedly rejected the offer, but there has been no word of a counter-offer.
- As of November 2019, 30 of 751 cases remain pending.
MDL 2768 (District of Massachusetts) Stryker LFIT V40 Femoral Head
- The MDL began with 125 cases in April 2017, with 140 added a year later.
- Stryker promptly offered to settle prior to the first bellwether trial set for September 2019.
- The exact terms of the settlement are confidential.
- As of November 2019, 734 of 749 cases were still pending.
MDL 2441 (District of Minnesota) Stryker Rejuvenate and ABG II Hip Replacement Components
- Stryker’s MDL came about in June 2013, but proceedings have been slow.
- A settlement of $250,000-$300,000 per patient who had revision surgery was offered in 2015.
- As of November 2019, 1,223 of 3,576 cases were still pending.
MDL 2329 (Northern District of Georgia) Wright Medical Conserve Hip Implants
- Wright Medical has set aside $89 million to settle 1,900 claims against them.
- The payouts include $7.9 million for select claimants and $5.1 million for the oldest claims.
- The rest will come out of a fund of $76.75 million with final payments made in September 2019.
- In November 2015, a plaintiff in Atlanta was awarded $11 million in the first bellwether trial.
Do You Have Questions About Filing A Hip Replacement Lawsuit?
In order to receive damages in a hip replacement lawsuit, you must have suffered some type of loss, such as increased medical and surgery costs, lost wages, or a tremendous amount of pain and suffering. If you or a loved one have been adversely affected by a hip implant, it’s time to review your legal rights. You’re Smart. Get Bart.™ The Louisiana law firm of Bart Bernard Injury Lawyers has a proven track record of medical device victories. We provide all clients with free consultations and contingency-based representation, so you never have to worry about paying upfront to pursue litigation. In fact, you pay us nothing unless we win money on your behalf! Call any time 24/7 to schedule a claim review.
