Hip replacement lawsuits claim that patients experienced infections, dislocation, and metal poisoning (metallosis) after receiving a defective hip replacement device or a poorly tested hip implant. Due to these severe personal injuries, many have had to undergo hip revision surgery to replace the defective hip implants.
Hip replacement surgery typically improves the wellbeing of people with severe hip fractures or joint damage. However, there have been a number of hip replacement lawsuits filed against medical device manufacturers due to defective hip implants causing significant complications.
Several hip replacement devices, including models such as Depuy ASR and Wright Medical, have resulted in countless hip replacement lawsuits. By July 2019, the Judicial Panel on Multidistrict Litigation reported that approximately 29,000 hip replacement cases had been consolidated into multidistrict litigation. Since 2008, hip implant manufacturers, like Depuy Orthopaedics and Zimmer Biomet, have paid more than $6.5 billion in settlements due to their defective hip implants.
Hip Replacement Injuries
People who have filed hip replacement lawsuits claim that a defectively designed or inadequately tested hip implant led to significant medical complications. In many situations, the severity of these personal injuries required an additional hip surgery to fix or replace the faulty hip replacement device.
Hip replacement complications include:
- Severe pain
- Hip implant dislocation
- Hip replacement device loosening
- Metallosis or metal poisoning
- Revision surgery
If your defective hip implant was not part of a recall, pursuing a hip replacement lawsuit is still a possibility. A personal injury lawyer with expertise in defective medical device litigation can outline your options.
Metal on Metal Hip Implant Complications
Hip replacement surgery, especially those involving metal hip implants, can sometimes cause complications. Metal on metal hip replacement devices, in particular, have given rise to a surge of hip replacement lawsuits. These hip replacement devices feature a metal ball that rotates within a metal socket or hip cup inside the hip bone.
While these metal hip replacement devices were marketed as being stronger and longer lasting than traditional hip implants, they often failed earlier than expected. One unique complication is metallosis.
Metallosis, a form of metal poisoning, occurs when metal hip components generate friction and shed microscopic metal debris into the body. This metal debris can damage tissues, resulting in the loosening of the hip replacement implant.
Zimmer Hip Replacement Lawsuits
In October 2018, the first 21 hip replacement lawsuits associated with the Zimmer M/L Taper Hip Prosthesis were combined into a New York multidistrict litigation case. By 2019, this litigation included over 100 hip replacement cases.
These hip replacement lawsuits allege that patients sustained injuries from Zimmer’s M/L Taper prosthesis, including hip replacement devices that were used with the company’s Kinectiv Technology and Versys Femoral Head.
Zimmer used a titanium alloy to manufacture the M/L Taper Hip and M/L Taper Hip with Kinectiv Technology, whereas the Versys Femoral Head was made using a cobalt-chromium alloy.
These hip replacement lawsuits claim that these devices led to complications such as metallosis and other personal injuries. Litigation remains in its preliminary stages. No trial dates have been set.
Durom Cup Lawsuit
Between 2008 and 2016, Zimmer allocated $479.4 million for claims related to the Durom Cup. It also included a long-term liability of $218.6 million, and a short-term liability amounting to $75 million in connection with Durom Cup product liability claims.
In 2016, Zimmer reached settlements for a number of hip replacement lawsuits centered around its Durom Acetabular Component, commonly known as the “Durom Cup.” The settlement was available to all U.S. citizens and legal residents who had undergone hip replacement surgery using a Durom Cup in the United States.
The Durom Cup, a metal hip replacement device, was developed as a synthetic hip socket. The cup was designed to be held in place by the bone growing into it. However, soon after its 2006 launch, there were numerous claims that the cup was connected to an increase in revision surgeries.
The Durom Cup hip replacement lawsuits claim that these hip implants become loose, leading to pain and muscle weakness, causing patients to undergo revision surgery to replace the defective hip cups.
In 2016, Zimmer’s settlement provided a base award of $175,000 for each hip replacement case. However, the actual amount could vary depending on the nature and severity of the personal injury related to the hip implant.
Stryker Hip Implant Lawsuits
Personal injury attorneys are currently reviewing hip replacement lawsuits related to the health complications caused by Stryker Corporation’s Tritanium Acetabular Shells.
In November 2018, the medical device company announced a settlement in regards to its LFIT Cobalt Chromium V40 Femoral Heads. Previously, the company settled lawsuits over its Rejuvenate Modular-Neck Hip Stem and the ABG II Modular-Neck Hip Stem hip implants during a series of agreements in 2014.
Stryker FIT V40 Lawsuit Settlement
In 2018, Stryker declared that it had reached a confidential settlement that addressed a significant portion of the LFIT Cobalt Chromium V40 Femoral Head lawsuits.
By July 2019, over 660 hip replacement lawsuits related to this issue were underway in a Massachusetts federal court. Moreover, additional hip replacement cases that had been filed at the state level were combined in New Jersey.
The hip replacement lawsuits claim that patients required revision surgery due to the femoral heads causing pain, impaired mobility, and damage to surrounding muscles and tissues. Some patients even reported instances where the femoral head completely detached.
The LFIT V40 was used in a number of Stryker hip replacement models. One law firm that participated in legal discussions stated that the settlement may include other Stryker’s hip replacement devices, including the Accolade 2, Accolade TMZF, Meridian, Rejuvenate, and Citation models.
In 2016, Stryker issued a recall for 42,519 LFIT V40 Femoral Heads following reports of the hip replacement device becoming loose.
ABG II and Rejuvenate Hip Replacement Lawsuit
From 2014 to 2016, Stryker settled over 3,500 hip replacement lawsuits by paying $1.4 billion over its metal on metal hip implants.
Most hip implant devices have a part that connects to the thigh bone. However, the hip replacement models named in these settlements used an interchangeable design, featuring two separate parts that are placed into the hip joint. The different size and angle variations allowed surgeons to tailor hip replacement devices to individual patients’ needs.
Nevertheless, the hip replacement lawsuits alleged that the friction caused by these two components shed metal debris, leading to metal poisoning (metallosis) and additional complications in patients that were fitted with the defective hip implants.
Tritanium Acetabular Shells
Stryker Corporation developed a titanium-based alloy called Tritanium, which it used for several of its medical device products. These Tritanium Acetabular Shells replaced the socket segment of the hip joint. Ideally, the bone will grow into and around the shell, holding it in place. However, some patients claim that their hip replacement devices did not integrate properly, resulting in loosened artificial hips.
A 2018 article in Arthroplasty Today detailed five patients at one medical facility who experienced the loosening of their Tritanium shells. These patients all reported symptoms of hip and groin pain. The research team theorized that a manufacturing flaw in the hip replacement device could be the cause.
Furthermore, another 2018 study published in Orthopaedic Proceedings identified issues with Tritanium Acetabular Shells used in total hip replacement surgeries. Out of 121 hip implants that were X-rayed across 94 patients, about a third showed signs of hip implant loosening.
The study concluded with a recommendation for the close monitoring of patients who received this particular hip replacement implant, emphasizing the need to detect signs of device loosening and deterioration.
Biomet and Wright Hip Replacement Lawsuits
Biomet, in collaboration with Wright Medical, settled for $385 million to resolve numerous lawsuits linked to their metal on metal hip devices. Subsequently, Biomet merged with Zimmer, establishing one of the world’s top orthopedic device manufacturers. Wright Medical, on the other hand, divested its hip and knee implant operations and has ceased artificial hip production.
Conserve Hip Replacement Lawsuit
In November 2016, Wright Medical settled 1,292 claims tied to its Conserve, Dynasty, and Lineage hip devices for $240 million. By October 2017, an additional settlement of $89.75 million was agreed upon to resolve approximately 600 more claims.
These lawsuits claimed the hip implant devices caused metallosis-related issues. The settlements were awarded to patients who had an active lawsuit during those periods, and had undergone revision surgeries within eight years of receiving the problematic hip implant. The federal mass litigation regarding these hip devices was closed in June 2018 after the final settlement agreement.
Biomet M2a Magnum Hips
In 2014, Biomet settled by agreeing to pay more than $56 million in response to a mass litigation tied to its M2a Magnum metal on metal hip devices. This litigation combined more than 2,800 lawsuits in an Indiana federal court. Plaintiffs argued that the metal on metal configuration resulted in metallosis and associated complications. The settlement included all lawsuits within that litigation up to that point in time, and any further lawsuits filed up to April 15, 2014.
DePuy Orthopaedics Hip Replacement Lawsuits
Since 2013, DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson, has settled hip replacement lawsuits to the tune of over $4 billion. These lawsuits are connected to two of its metal on metal hip implant product lines. Additionally, several states have initiated their own hip replacement lawsuits against the company.
Over 20,000 separate hip replacement lawsuits have been filed against DuPuy. These lawsuits have been combined into two independent mass litigations.
$2.9 Billion ASR Hip Settlement
DePuy Orthopaedics settled upwards of 10,000 claims related to its ASR XL Acetabular System and ASR Hip Resurfacing System. In 2013, the company reached a settlement with nearly 8,000 of these lawsuits for around $2.5 billion. Additional settlement extensions were agreed upon in 2015 and 2017.
The 2015 extension stipulated that DePuy would allocate up to $420 million to address cases that were not part of the 2013 settlement agreement. Meanwhile, the 2017 extension was projected to settle to another 900 people.
In 2010, DePuy issued a recall for 93,000 of its ASR Hip Systems. This decision came in the wake of data from the National Joint Registry for England and Wales, revealing a 12-13% failure rate for both ASR hip models within a five-year post-implantation period.
DePuy advised recipients of these hip devices to undergo annual medical assessments to ensure no complications arise from the implants.
DePuy has stated that approximately 12.5% of ASR hips experienced failure within a five-year period.
$1 Billion Pinnacle Hip Settlement
In 2019, DePuy Orthopaedics settled nearly 6,000 hip replacement lawsuits related to its Pinnacle hip implant device, paying nearly $1 billion. However, approximately 4,500 hip replacement cases remain in a district court in Dallas.
The specifics of the settlement are confidential, with DePuy reaching agreements with the personal injury attorneys representing large groups of plaintiffs. This settlement decision followed a sequence of legal verdicts against DePuy that amounted to more than $1.7 billion.
Initially, the verdict was scaled down to $151 million and later dismissed upon appeal, with the potential for a retrial. The subsequent two verdicts were also reduced, totaling almost $800 million.
Between 2000 and 2015, more than two million people globally received the DePuy Pinnacle Cup implant, as per the company’s records. Though DePuy never initiated a recall for the Pinnacle hips cited in the lawsuits, by 2013, they had discontinued the metal on metal styles of the Pinnacle hip replacement device line.
$120 Million to Settle Deceptive Marketing Claims
In January 2019, DePuy settled for $120 million over allegations of misleading marketing practices for its ASR XL and Pinnacle Ultamet hip devices.
The lawsuit, led by legal representatives from 45 states and Washington D.C, claims that DePuy falsely advertised the durability of these devices. Alongside the monetary settlement, DePuy committed to overseeing issues related to the devices, and revamping their system for tracking hip implant complaints.
Smith & Nephew Hip Replacement Lawsuits
Smith & Nephew hip replacement lawsuits are currently in the initial legal phases, but at least four hip implant models have been linked to the lawsuits. The company has initiated a recall for thousands of these hip replacement devices.
The Birmingham Hip Resurfacing (BHR) system and the R3 acetabular hip system metal liners have been named in mass litigation, and patients have started filing lawsuits in regards to the Smith & Nephew’s Modular SMF and Modular Redapt hip replacement devices.
Modular SMF and Modular Redapt Revision
Lawyers are currently examining potential hip replacement lawsuits related to two Smith & Nephew hip implant products: the Modular Redapt Revision Hips and the Modular SMF. These hip replacement systems were used in both primary and revision hip surgeries.
Smith & Nephew recommends that doctors closely observe patients who received these recalled hip implants for symptoms like swelling, pain, and restricted mobility. Additionally, the company advises that patients be monitored for elevated levels of chromium and cobalt in their bloodstream, which could signal damage to the body’s soft tissue.
These hip replacement cases remain in their initial phases. If you suspect that you have experienced a personal injury due to a Modular Redapt or Modular SMF hip replacement device, it’s highly recommended that you consult with a medical device attorney to understand your potential lawsuit and legal options.
BHR and R3 Acetabular Hip System Metal Liners
Over 600 hip replacement lawsuits linked to the Smith & Nephew Birmingham Hip Resurfacing (BHR) system have been filed, leading to a multidistrict litigation consolidation in a Maryland federal court in 2017.
In 2018, the company’s R3 acetabular hip system metal liners became part of this lawsuit. These metal liners are designed to fit within the hip joint socket. Smith & Nephew opted to recall the R3 metal liners in 2012—by that point, 7,700 of these liners had already been used in hip replacement surgeries.
Despite the recall, the company mentioned that there were no recorded instances of metallosis in connection with the R3 liners. Instead, Smith & Nephew cited an increasing rate of complications that necessitated revision surgery as the reason behind the recall. These complications included bone fractures, infections, and hip joint dislocations.
Both the R3 and BHR hip replacement lawsuits remain in the initial phases. As of September 2023, no trials have been held.
Birmingham Hip Resurfacing Femoral Head Recall: In 2015, Smith & Nephew initiated a recall for almost 6,000 BHR hip replacement devices due to an increased rate of revision surgery linked with these hip implants.
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