Updating the Status of the Hip Replacement Lawsuit
Representing injured plaintiffs in ongoing civil litigation, our legal team is working to provide updates on the current status of the hip replacement lawsuit. These cases involve several manufacturers of multiple products and thousands of plaintiffs suffering adverse complications, including metal poisoning and premature device failures.
Several lawsuits have recently been resolved, providing significant settlements and courtroom awards for plaintiffs. If you believe that you may have a legal claim for an adverse outcome with a hip replacement device, please contact our legal team today to schedule a complimentary case evaluation.
Current Lawsuit News
Thousands of lawsuits are still pending in state and federal court, and additional claims continue to be filed against the manufacturers of these products. Recent news has included reports of substantial courtroom verdicts and settlements for some plaintiffs.
DePuy Orthopaedics Verdicts
In March 2016, Texas jurors awarded five plaintiffs over $500 million after their DePuy PINNACLE® ULTAMET hip implants failed prematurely. In July, District Court Judge Ed Kinkeade reduced the verdict against DePuy to $151 million. The judge cut the punitive award, citing Texas law that limits punitive damages.
In March 2016, Texas jurors awarded five plaintiffs over $500 million after their DePuy PINNACLE® ULTAMET hip implants failed prematurely.
Another unique DePuy settlement also occurred in July 2016. The Oregon Department of Justice agreed to accept a $4 million settlement to resolve allegations that the company failed to disclose high failure rates for the ASR™ XL Acetabular System. Oregon accused DePuy of repeatedly violating the Unfair Trade Practices Act with false, unsubstantiated, or contradicted claims to physicians and patients about the durability of the device.
DePuy had previously settled thousands of lawsuits pertaining to its ASR™ Hip Resurfacing System and ASR™ XL Acetabular System, which were recalled from the marketplace in 2010. The products have been associated with metallosis poisoning as well as osteolysis, a degenerative bone condition. There are more than 8,000 PINNACLE® lawsuits remaining to be resolved.
Zimmer Holdings entered into a settlement agreement on February 11, 2016, to resolve about 400 claims involving the Durom Cup device. Judge Susan Wigenton in New Jersey District court is overseeing a settlement program that includes a base award and a fixed award. The base amount is $175,000, which may be increased or decreased depending on individual injuries. The fixed award is $25,000 for limited claims.
September 15, 2016, is the deadline to sign the settlement agreement. At least 90 percent of participants must accept the award or Zimmer has the right to cancel the settlement. Zimmer has previously paid $480 million to resolve past claims for the Durom Cup device and is expected to spend hundreds of millions more. The implant has been associated with premature failure and metallosis.
Wright™ Medical Verdict
In November 2015, the first bellwether trial in multidistrict litigation (MDL) involving Wright™ Medical ended in a jury award of $11 million. The plaintiff is a former ski instructor who can no longer enjoy an active lifestyle because of her injuries. She suffered metallosis and implant failure after her CONSERVE® hip replacement system became loose six years after being placed.
If you have been injured by a defective medical device, Speak with an Attorney
This is one of about 2,000 lawsuits against Wright™ pertaining to the company’s CONSERVE® and PROFEMUR® Z Stem implants. These cases are being overseen by Judge William Duffey in the Northern District of Georgia. Bellwether trials indicate the financial risk that the defendants are facing, and typically shape the settlement amounts that are offered to plaintiffs.
Payments are continuing to be disbursed for the $1.43 billion Stryker® settlement. Initially settled in 2014, the agreement resolves about 3,000 cases in a Minnesota MDL and multi-county litigation in New Jersey. Plaintiffs who suffered complications from Stryker®’s Rejuvenate Hip System and ABG II Modular Neck Hip Stems have received between $300,000 and $600,000. The settlement amount was not capped and the final payout is expected to exceed $1.43 billion.
This settlement pertains to patients who had revision surgeries prior to November 3, 2014. Patients who underwent a revision surgery because of device failure after this date are still eligible to file claims.
There have been numerous medical studies substantiating plaintiff claims pertaining to premature device failure and other complications from metal-on-metal devices, which are made of cobalt and chromium, among other materials.
Last year, Australian researchers published the results of an extensive study, reporting a 20 percent additional risk of failure with metal-on-metal devices. This is compared to 4 percent of metal-on-polyethylene devices requiring repair or replacement. The researchers stated that metal related pathology accounts for nearly 40 percent of all metal-on-metal revisions.
The authors also pointed to similar data from the National Joint Registry for England, Wales, and Northern Ireland. Their 10-year revision rate for metal-on-plastic total hip replacements was about 4 percent, compared to metal-on-metal replacements, which had roughly a 20 percent revision rate.
Our defective medical device attorneys are representing plaintiffs in individual lawsuits against the manufacturers. If you have experienced an adverse complication after having a hip implant placed, you may be entitled to significant compensation. Please contact our legal team to arrange a free case evaluation.