By: Marilyn McGoldrick, Esq.
November 21, 2018
Stryker Femoral Heads Confidential Settlement
A settlement was announced this month in the Stryker MDL litigation. The settlement covers individuals with cases in the federal court litigation and cases filed in New Jersey state court who had revision surgery to replace the faulty LFIT CoCr V40 Femoral Head components in their hip implants. The faulty LFIT Femoral Heads released dangerous cobalt and chromium metal debris into hip joints. As the metal on metal parts rubbed against each other when the hip moved, metal fragments were deposited into the surrounding tissue and blood. The tiny bits of metal can cause a condition referred to as metallosis, which in turn may cause irreversible muscle damage.
Stryker Recalled the LFIT V40 Metal Femoral Head Components In 2016
Stryker issued an urgent recall in August of 2016 for the hip replacement components known as LFIT CoCr [Cobalt Chrome] V40 Femoral Heads manufactured before 2011. Higher than expected numbers of complaints had been made about the LFIT components. Here is a more detailed accounting of the recall including the exact implant items numbers of the recalled LFIT V40 Femoral Heads
Settlement Terms Are Confidential
The Judge overseeing the Stryker LFIT CoCr V40 Femoral Heads hip implant multidistrict litigation, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts, has stayed (stopped temporarily) the litigation. The stay will allow the parties to negotiate the final terms of the confidential settlement. In her order the Judge described the reason for the stay as ‘…to resolve the claims of certain eligible patients who had surgery to replace their LFIT CoCr V40TM femoral head along with related hip system components.”
You Have A Defective Hip Implant. What Can You Do?
If you received a hip implant and later suffered complications and were forced to undergo revision surgery, you may have a claim for damages.
We understand you likely do not know the type and manufacture of your hip implant. The hospital where you had the implant surgery can provide you with that information (ask for the product identification sticker page) or, with written permission, we can obtain that information on your behalf. We can determine exactly which hip implant device and components were used in your surgery and if there are any recalls related to those components.
Trust Our Stryker Hip Implant Attorneys to Help
Thornton Law Firm actively litigates cases against Stryker for its defective metal hip implants and hip implant components throughout the country.
If you are concerned that your hip implant has failed, that you have suffered injury because of a failed hip replacement, or have any questions about your implant, contact attorney Marilyn McGoldrick at 1-888-341-1405, or tell us your story HERE. The consultation is free and completely confidential. The time limits for filing claims against Stryker and other hip implant manufacturers are short and strictly enforced. Call now for a consultation with an attorney with years of experience litigating defective hip implant cases.
By: Marilyn McGoldrick, Esq.
Published on May 29, 2018
Defective Hip Replacement Lawsuits
Five plaintiffs were awarded a total of $502 million dollars in the 2nd test (bellwether) case to go to trial against Johnson & Johnson (J&J) relating to its Depuy Pinnacle hip implants, in January of 2016, J&J appealed the verdict, which the trial judge reduced to $151 million dollars. The 5th Circuit Court of Appeals heard oral argument on December 7, 2017, and issued their opinion in April 2018. The Fifth Circuit overturned the entire verdict and remanded the case back to the Northern District of Texas and Judge Ed Kinkeade for a new trial.
While this ruling may be worrying to people who have been waiting for a long time with pending Pinnacle Hip claims, we believe the ruling confirmed that the Plaintiffs prevailed on the merits and on nearly every underlying substantive legal issue set forth in J&J’s appeal. The 5th Circuit focused on rulings specific to those cases on trial and held that Judge Kinkeade erred in allowing Plaintiffs’ lawyers to present certain inflammatory character evidence against J&J. The 5th Circuit ruled that allowing that inflammatory evidence before the jury tainted the verdict, requiring a new trial for each of the five plaintiffs.
Despite the disappointing remand for a new trial, the Fifth Circuit’s decision contains excellent rulings in many key areas. Additionally, the character evidence the 5th Circuit ruled should not have been presented to the jury has not been allowed into evidence in any of the subsequent bellwether trials, and each of those resulted in large jury verdicts. While we disagree with the 5th Circuit’s ruling, we agree with the decision of Plaintiffs’ counsel in this matter not to appeal the ruling and to move forward with a new trial as soon as possible.
The 5th Circuit is scheduled to hear oral argument next month relating to the September 2016 California bellwether trial which resulted in a $1 billion dollar verdict. In the meantime, if you have a failed metal-on-metal hip implant made by Johnson & Johnson’s DePuy Orthopaedics, Biomet, Stryker Orthopaedics, Wright Conserve, or Zimmer Holdings, you may be eligible to file a claim for damages. You may be compensated for medical expenses from replacement, money damages for the pain, suffering, physical injuries,and any other losses, such as lost income, that you suffered as a result of your injuries. Contact the Boston law firm of Thornton Law Firm LLP online or call Attorney Marilyn McGoldrick at 1-888-341-1405 for a free consultation with a specialist in Massachusetts drug and medical device litigation. The consultation is completely confidential. Seek legal advice immediately. Courts apply strict time limits to all personal injury cases.
Stryker LFIT V39 Femoral Head Recall
By: Marilyn McGoldrick, Esq.
Stryker Corporation has notified physicians and hospitals of an Urgent Medical Device Recall of its LFIT Anatomic Cobalt Chrome V39 femoral heads manufactured before 2011. Stryker received what it called a “higher than expected” number of reports from doctors of taper lock failure.
What is taper lock failure? The taper is the very narrow end of the femoral stem where it connects to the ball of the hip implant. When the taper lock – the connection between the stem and the ball – fails, the hip can become unstable and a number of complications can result. Because the Stryker LFit V39 femoral heads are made of a cobalt chromium alloy, the metal can corrode, releasing cobalt and chromium fragments into the tissue. The corrosion can also result in fractures and loosening of the implant.
Potential Taper Lock Failures Associated with Stryker LFIT V39 Femoral Heads
- Disassociation of the femoral head from the hip stem. Literally, the hip implant comes apart.
- Fractured hip stem trunnion
- Excessive metallic debris
- Insufficient ROM (range of motion)
- Insufficient soft tissue tension
- Noise (clicking, grinding, popping, clunking)
- Loss of implant to bone fixation strength
- Excessive wear debris
- Implant construct with a shortened neck length
Patient Complications From Defective Stryker LFIT V39 Femoral Heads
If you have a defective Stryker LFit V39 femoral head as part of your hip implant, you may have experienced the following complications:
- Adverse local tissue reaction
- Broken bones around components
- Joint instability
- Leg length discrepancy
- Loss of mobility
- Revision surgery necessary
Was Your Stryker Hip Implant Recalled?
Physicians began notifying patients of this recall in September 2016. If you don’t know the implant number, call your doctor’s office. They will have it.
Here are the specific models subject to the recall:
Catalog Number Head Diameter Offset
6260-9-236 36mm +5
6260-9-239 39mm +4
6260-9-244 44mm +4
6260-9-339 39mm +8
6260·9-439 39mm +12
6260-9-344 44mm +8
6260-9-444 44mm +12
If you have received notification of this recall, you should consult with an attorney to make sure that your legal rights are properly protected.
What If You Have a Different Stryker Hip Implant?
This is not the first Stryker corporation hip implant component recall. Stryker previously recalled the ABG II and Rejuvenant hip replacements in July of 2012. Those were also metal-on-metal hip implants.
Do I Have a Case?
If you have a defective metal-on-metal hip implant, whether from Stryker Orthopaedics, or those manufactured by Biomet, Johnson & Johnson’s DePuy Orthopaedics, Wright Conserve, or Zimmer Holdings, you may be eligible to file a claim for money damages. You may be compensated for lost income, medical expenses for revision and replacement surgery, damages for pain and suffering, physical injuries, and any other losses you suffered as a result of your defective hip implant. Contact the Boston law firm of Thornton Law Firm LLP online or call Attorney Marilyn McGoldrick at 1-888-341-1405 for a consultation with a specialist in hip implant litigation. The consultation is free and confidential. We look forward to discussing your potential legal case with you.
Call 888-341-1405 for a free consultation with a recognized leader in personal injury and medical device litigation. You can also contact us online to discuss the details of your case.
By: Marilyn McGoldrick, Esq.
A jury in Dallas federal court ordered Johnson & Johnson’s DePuy Orthopaedics unit to pay more than $1 billion dollars to six Pinnacle hip recipients who suffered serious medical complications from their DePuy Pinnacle hip implants. The jury found that the metal-on-metal Pinnacle hips were defectively designed and that J&J and DePuy failed to warn patients and doctors about the risks.
The jury awarded more than $30 million dollars in actual damages (medical bills, lost wages, etc.) and more than $1 billion dollars in punitive damages. Johnson & Johnson reportedly rejected a $1.8 million dollar offer to settle before the trial. According to Bloomberg, this is the third largest verdict in 2016.
The plaintiffs, six Californians, presented evidence that their Pinnacle hip implants caused elevated metal levels in their bodies which resulted in bone erosion, tissue death, and other injuries they attributed to defective design. Pinnacle implants utilize a metal head and a metal socket, instead of safer ceramic or polyethylene components. The metal components rub against each other, deteriorating within the body and giving off metal fragments as they corrode, which can cause bone and tissue to deteriorate over time. Each plaintiff was required to have their implant surgically removed and replaced. J&J and DePuy marketed the metal-on-metal implants as a safer, longer-lasting design.
This was the third test case (“bellwether”) in the Pinnacle hip implant litigation. The previous case resulted in a $500 million verdict for five plaintiffs. Johnson & Johnson won the first bellwether case.
Almost 9,000 Pinnacle hip implant lawsuits are still pending against Johnson & Johnson’s DePuy Orthopaedics unit. The company announced plans to appeal the verdict, denying all liability.
If you have a failed metal-on-metal hip implant, whether from Johnson & Johnson’s DePuy Orthopaedics, or those manufactured by Biomet, Stryker Orthopaedics, Wright Conserve, or Zimmer Holdings, you may be eligible to file a claim. You may be compensated for lost income, medical expenses from replacement, money damages for the pain, suffering, physical injuries,and any other losses you suffered as a result of your injuries. Contact the Boston law firm of Thornton Law Firm LLP online or call Attorney Marilyn McGoldrick at 1-888-341-1405 for a free consultation with a specialist in Massachusetts drug and medical device litigation. The consultation is completely confidential. Do not delay seeking legal advice. Courts apply strict time limits to all civil cases.
If you have suffered injury caused by a defective metal-on-metal hip implant, call 888-341-1405 for a
no-obligation evaluation of your legal rights, or tell us your story using our online contact form.
By: Marilyn McGoldrick, Esq.
A federal jury in Georgia awarded $11 million to plaintiff Robyn Christiansen in the first Wright Conserve metal-on-metal hip implant bellwether trial. After a two-week trial and three days of deliberations, the jury ruled that the Conserve hip implant was defectively designed and unreasonably dangerous, and that manufacturer Wright Medical had mislead the plaintiff as to the product’s safety. The jury found Wright Medical 100% at fault and awarded Christiansen $1 million in compensatory damages and $10 million in punitive damages.
Ms. Christiansen was implanted with a Conserve metal-on-metal hip in April 2006. The hip implant failed in 2012 and she was forced to undergo painful removal and replacement surgery. Evidence presented at the trial showed her surgeon found metallosis, fluid buildup and tissue necrosis.
In June, a plaintiff in California state court was awarded $4.5 million for damages caused by a different Wright Medical metal-on-metal hip implant, the Profemur R. The majority of cases brought to date involve Wright’s Conserve line of metal hip implants.
Wright Medical placed its Conserve, Dynasty, and Profemur hip components on the market by utilizing the FDA’s 501(k) clearance process. Under 501(k) Wright represented to the FDA that the devices were “substantially equivalent” to products already on the market. By using this approval process Wright avoided the time and expense of conducting clinical trials on their new metal on metal hips. The consequences have been severe for patients who received Conserve, Dynasty, and Profemur implants.
Symptoms of a defective metal hip implant include pain or swelling at or near the hip, a change in walking ability, thigh pain radiating to the knee, pain in the groin when going from a sitting to a standing position, or a noise from the hip joint. The FDA lists a variety of symptoms that should be followed up. If you experience any symptom you believe is related to your hip implant, you should see your doctor immediately. You should ask if your doctor if you should have a blood test for the presence of metal ions and fragments in the tissue surrounding the hip joint.
If you received a Wright Conserve, Dynasty, or Profemur metal-on-metal hip implant (or a metal-on-metal hip implant manufactured by any other company including DePuy Orthopaedics, Stryker Orthopaedics, Zimmer Holdings, or Biomet) you may be eligible to file a claim for money damages for the pain, suffering, physical injuries, lost income, medical expenses from replacement, and any other losses you suffered as a result of your injuries. Contact the Boston law firm of Thornton Law Firm LLP online or at 1-888-341-1405 for a free consultation with a recognized leader in Massachusetts drug and medical device litigation. The consultation is free and completely confidential. We offer a fair and accurate assessment of your case. Like all legal cases, hip implant claims have short, strictly enforced time limits. Do not delay seeking legal advice.
By: Marilyn McGoldrick, Esq.
UPDATE: The trial judge later granted a remittitur to Zimmer, ruling that the jury verdict was excessive. The plaintiff declined the trial judge’s remittitur award of $828,153 and elected to appeal. In 2018 a California appeals court panel, while upholding the jury’s liability verdict against Zimmer, granted a new trial on appeal, ruling that the jury’s damages award excessive.
Published on July 28, 2015
A California state court jury has awarded $9.2 million dollars to a man who received Zimmer’s Durom Cup metal-on-metal hip implant in 2007 and was forced to have it surgically removed 15 months later. Gary Kline, age 59, presented evidence that his doctors performed two traumatic surgeries in 15 months in an attempt to repair the scar tissue and nerve damage caused by the Durom Cup implant, but ultimately it had to be removed. Thornton Law Firm is accepting Zimmer hip implant cases nationwide. If you had a defective metal-on-metal hip implant call the Thornton Law Firm hip implant team at 888-341-1405 or tell us your story using our online contact form.
Zimmer’s Durom Cup, also known as Durom Acetabular Component, was marketed to younger hip implant recipients with claims that the metal cup would last longer than older ceramic hip implants. The Durom Cup is a monoblock cup made from a single piece of cobalt chromium alloy metal. Once implanted, it was supposed to become fixed to the hip joint by the bone growing onto the back of the cup. When bone growth does not occur, the cup rubs against the bone, causing both excruciating pain and the very scar tissue and nerve damage that Mr. Kline endured. Unfortunately, like other metal-on-metal implants, the Durom Cup can generate high levels of metal in the body, leading to metallosis, tissue damage, and damage to the bone.
Zimmer’s Durom Cup was approved by the FDA for use in total hip implants in 2006. But problems surfaced soon thereafter, and Zimmer actually withdrew the hip implant from the market in 2008. The July 2008 recall was brief as Zimmer said it was recalling the devices “because the instructions for use/surgical technique instructions were inadequate.” The FDA also initiated a Class 2 recall of 19,014 products in September of that year; that recall was terminated in October of 2009. Zimmer resumed selling the Durom Cup hip implant after updating the product label and instituting a training program for surgeons.
Zimmer Durom Cups and all other metal-on-metal hip implants can cause a host of complications including allergic reactions, pain, scarring, metallosis, infections, revision surgery, or even death. If you or a loved one suffered any complications after receiving a metal hip implant, call the medical device team at Thornton Law Firm which specializes in helping patients nationwide who have been injured by defective medical devices. For a free, confidential evaluation of your legal rights, contact us at 888-341-1405 or tell us your story here. All legal claims have short, strictly enforced time limits for filing a claim; do not delay seeking legal advice.
A global settlement valued at over $1 billion dollars with the manufacturer of the Stryker Rejuvenate and ABG II hip implants, Homedica Osteonics Corp. (also known as Stryker Orthopaedics), has been announced after a hearing today before the judge overseeing the Stryker MultiDistrict Litigation. Patients who underwent a revision surgery on or before November 3, 2014 may be eligible for an award under the settlement.
The Stryker hip systems were unique in that they involved a neck and stem design made of metal. Both the Rejuvenate and the ABG II metal hip implants were approved using the controversial FDA 501(k) process in which Stryker claimed that the products were substantially equivalent to products already on the market. As a result the Rejuvenate and the ABG II systems never underwent rigorous clinical trials. In reality, the products were fatally flawed and failed at a catastrophically high rate. Both were recalled by Stryker in July of 2012.
Stryker hip implant recipients who qualify for the settlement will receive a base award of $300,000. The awards may be increased on a complication-by-complication basis for implant recipients whose Stryker hip devices also caused heart attacks and strokes, and a number of other specific complications that are outlined in the Master Settlement Agreement.
If you were implanted with a defective Stryker Rejuvenate or ABG II hip implant, it is not too late to file a claim. The Thornton Law Firm is actively litigating claims for recipients of Stryker implants in Massachusetts and across the country. If you have any questions about your hip implant or are concerned that your implant has failed or caused you injury, contact our Stryker hip implant attorneys at 888-341-1405 or tell us your story here. There are strict time limits on claims of this nature, so do not delay seeking legal advice.
By Marilyn T. McGoldrick, Esq.
Posted on February 3, 2014
Biomet, Inc. and counsel for Plaintiffs reached an agreement to settle all cases currently pending in the Biomet MDL (In Re Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL 2391) and any future cases filed on or before April 15, 2014. To be eligible for compensation a plaintiff must have been implanted with a Biomet M2a 38 or M2A Magnum hip replacement system and underwent surgery to revise the device more than 180 days after it was implanted.
Plaintiffs who meet these eligibility requirements will receive a base payment of $200,000 which can be reduced based on certain factors. Each plaintiff will be responsible for resolution and payment of all healthcare liens.
Biomet Settlement Agreement
If you have a Biomet hip replacement system, Thornton Law Firm offers free, confidential case evaluations. Please contact me at 888-341-1405 or tell us your story here.
Posted on June 17, 2013
On June 12, 2013, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) transferred more than 39 Stryker Rejuvenate and ABGII defective hip cases to the U.S. District Court of Minnesota. The MDL was approved to allow for coordination of pretrial discovery and to preserve judicial resources. The transferred cases, and any future Stryker Rejuvenate and ABG II hip lawsuits filed in federal court, are assigned to Judge Donavan W. Frank in Minnesota Federal Court (In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL No. 2441). Common issues such as design defect and the safety and effectiveness of the Stryker Rejuvenate and ABG II hip systems will be the focus of pre-trial discovery. The Stryker MDL was approved in order to prevent inconsistent rulings from multiple judges assigned to cases filed all over the country and to preserve the resources of the courts and the plaintiffs involved in these lawsuits.
In July of 2012, Stryker recalled the Rejuvenate and ABG II hip systems. Lawsuits filed to date allege injuries including tissue death, metallosis, loosening or early failure of the hip implant, damage to the bones and tissues surrounding the implant and the need for revision surgery to remove defective Stryker hip implants. Thornton Law Firm, LLP is investigating and filing cases on behalf of individuals who were implanted with the recalled Stryker Rejuvenate or ABG II hip system and have suffered injuries related to these devices. We offer a free, confidential evaluation of your potential Stryker Rejuvenate or ABGII hip claim. Please contact Stryker hip implant lawyer Marilyn McGoldrick at 1-888-341-1405.