Stryker LFIT Settlement Reached – How to Make a Claim

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.

Depuy Pinnacle Hip Litigation – Update

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.

Zimmer M/L Taper Hip Replacement Devices Recalled

Zimmer_logo

by Marilyn McGoldrick, Esq.

Published on June 20, 2015

Zimmer has announced a voluntary recall of its M/L Taper with Kinectiv Technology Femoral Stems and Necks used in hip replacements, because higher than expected amounts of manufacturing residues were left on the devices. Zimmer calls this a “process monitoring failure”; you’d probably call it not cleaning the parts properly before putting them on the market. The FDA announced the Class 1 Recall, the most serious type of recall, as use of the products will cause serious adverse medical consequences or even death. Affected products were manufactured and distributed between March 31, 2015 and April 20, 2015. If you had a hip replaced in 2015, call Thornton Law Firm today at 888-491-9726 for a free evaluation of your potential legal claim, or tell us your story using our secure online form.

The M/L Taper with Kinectiv Technology femoral stems and necks are Tivanium® alloy implants that the surgeon uses to fit the artificial hip to the existing bone. The damaged parts of the femur are removed and replaced with a system of artificial products, which includes the femoral neck – the thinner part of the femur next to the ball of the joint – and the femoral stem, the longer part of the bone tapering down from the femoral neck.

The higher than expected levels of manufacturing residue on the parts may lead to serious health consequences. The FDA warns that patients and doctors should be alert for allergic reactions, pain, infections, or even death after a hip replacement using these recalled Zimmer parts. A second hip replacement surgery – a revision – may be required to remove the defective parts. A hip revision involving the neck and stem is very invasive as the femoral stem must be disconnected from the existing bone to which it was attached during the first surgery.

This is Zimmer’s second Class 1 Recall in the last three months. Zimmer announced in March that it was voluntarily recalling its Zimmer Persona Trabecular Metal Tibial Knee Implant after an unexpectedly high complaint rate of 61% was reported. That device, which was marketed as giving a superior, more accurate fit, actually was loosely fitted, with space between the implant and the bone, leading to swelling, severe pain, tissue damage, bone damage, and possibly revision surgery.

If you or a loved one had a hip replacement using Zimmer M/L Taper femoral necks or stems, and have experienced complications including allergic reactions, pain, infections, revision surgery, or even death, you may have a legal claim against Zimmer. The medical device team at Thornton Law Firm specializes in helping patients nationwide who have been injured by defective medical devices like the Zimmer M/L Taper hip replacement parts. For a free, confidential evaluation of your legal rights, contact us at 888-491-9726 or tell us your story here.

Settlement Reached In Biomet M2A Magnum Hip Litigation

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.

DePuy ASR: First Bellwether Trial Postponed For Two Weeks

By Marilyn T. McGoldrick, Esq.

Posted on Sep 9, 2013

The first DePuy ASR bellwether trial over Johnson & Johnson DePuy Unit’s hip implants, scheduled to begin today, September 9th in the consolidated federal Multi-District Litigation, has been adjourned for two weeks.

The Court must address pre-trial matters that must be resolved before the trial can start. The judge must rule on outstanding issues ranging from choice of law, expert witness testimony and exhibits to be offered at trial. Jury selection is now scheduled to begin the week of September 23, 2013.

If you or a loved one have been injured by a defective hip implant, contact the hip implant lawyers at Thornton Law Firm for a free, no-obligation consultation. You can tell us your story online or call Attorney Marilyn McGoldrick at 888-341-1405 for a confidential evaluation of your legal case. Time limits for filing claims are short, so seek legal advice without delay.

Depuy Hip Recipients Prepare For More Trials In Hip Implant Litigation

By Marilyn T. McGoldrick, Esq.

Posted on Sep 3, 2013 

The first bellwether trial in the federal court Multi-District Litigation over Johnson & Johnson’s DePuy Unit’s metal hip implants is scheduled to begin on Monday, September 9, 2013. The plaintiff is Ann McCracken, a woman from Rochester, New York who underwent a DePuy ASR XL Acetabular Hip System replacement in 2009. She , in 2011. While this is the first trial of the federal MDL cases, 2 other cases have already been tried to verdict in the state courts and other cases have trial dates scheduled for later this fall. These other cases include the New Jersey Multi-County Litigation (MCL) Bergen County Superior Court, bellwether case set for trial on October 21, 2013; the San Francisco Superior Court, coordinated California proceedings, bellwether case set for trial in October of 2013, and the case scheduled for trial on November 8 in West Palm Beach, Florida.

J&J’s DePuy unit began manufacturing the metal-on-metal hip implants – the ASR XL Acetabular System, and the ASR Hip Resurfacing System – less than a decade ago. The ASR XL Acetabular System was submitted to the FDA for so-called 501(k) approval, meaning that J&J claimed that the product was substantially similar to products already on the market so did not require clinical trials before being sold to the public. [The ASR Hip Resurfacing System was submitted to the FDA in 2007, but that application was withdrawn and it was never sold in the U.S. However, Americans who went abroad for a hip resurfacing procedure could have gotten an ASR Hip Resurfacing System, as it was sold in other countries.]

Unfortunately, for the 93,000 people in the United States who did receive an ASR metal-on-metal hip implant, the change from the older hip implant sold by DePuy was not a minor change but a major change and, ultimately, a major defect which render the devices dangerously unsafe. J&J recalled the ASR hip implants in 2010, but at that point the damage was already done.

At the time of the recall, DePuy cited revision rates double what was expected. Unfortunately, more recent studies in the United Kingdom have shown a failure rate as high as 49%, an astonishingly high failure rate for a device that was meant to be better than the old conventional hip replacements that failed 1% to 2% of the time.

The ASR was recalled on August 24, 2010. If you received one of these hip implants and have not seen a doctor recently, we urge you to see your doctor and have your hip implant evaluated. You should ask the doctor to perform a metal ion test to see if you have elevated levels of chromium or cobalt in your blood.

Call the Boston hip implant lawyers at Thornton Law Firm for a free and confidential evaluation of your case. Ask for attorney Marilyn McGoldrick when you call 888-341-1405 and we will put our hip implant legal team to work for you.

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