Smith & Nephew Metal Hip Implant Lawsuits

Smith & Nephew hip implant recalls

The BHR Smith & Nephew Hip Implant may be used as part of a hip resurfacing, or it may be combined with a femoral stem in a total hip arthroplasty. The U.S. Food and Drug Administration (“FDA”) approved the BHR for sale in the U.S. on May 9, 2006, through the Premarket Approval (“PMA”) process for Class III medical devices. The company later withdrew the BHR device from the U.S. market in June 2015 due to similar high failure rates, particularly in women and in patients with smaller hip joints.

What is my Smith & Nephew hip implant lawsuit worth?
For many patients, the only remedy is to have the BHR device surgically removed in a surgery called a revision. Here are some of the typical medical bills for a patient with a defective BHR hip device:

  • Medical monitoring and blood tests: $3,000 a year
  • Revision surgery: $55,000 to $95,000
  • Physical therapy and nursing home care after revision: $12,000
  • Long-term follow up care: $1,700 a year

How do I preserve my rights?
If you do not file a lawsuit within a certain amount of time, you may lose your right to compensation due to the Statute of Limitation. This deadline is different in each state, and it varies depending on the claims you are making in the lawsuit. For a free evaluation of your potential Smith & Nephew BHR hip recall claim, contact Drew Brown at 336-314-1448.

Stryker Rejuvenate & LFIT 40 Femoral Head Metal-on-Metal Hips

The Stryker Rejuvenate is a metal-on-metal hip implant with a high failure rate. In June 2012, after just a few years on the market, the Rejuvenate and its related device the ABG II were both recalled at the direction of the U.S. Food and Drug Administration, which regulates medical devices. Some experts believe that nearly every Rejuvenate and ABG II eventually will fail. Unlike other metal hip implants, the problem with the Rejuvenate is the stem and not the acetabular shell or head.

Many people who received a Rejuvenate got a recall letter from their hospital or doctor. Some people did not get a letter. Even if you are not experiencing pain from your Rejuvenate hip implant, you should make sure to visit your surgeon regularly and have your blood tested for elevated levels of cobalt and chromium and titanium.

Why does the Rejuvenate fail?
One problem with the Stryker Rejuvenate is believed to be the modular neck stem, which is driven into the patient’s femoral bone during the initial implant surgery. The Rejuvenate stem is made of a special titanium alloy called TMZF. The other pieces of the device, including the neck itself, are made of cobalt and chromium. They can be used with numerous other types of acetabular shells and heads. The Rejuvenate was on the market from February 2009 to June 2012.

With other metal hip implants, the problem is that when the pieces of the device rub against each other, tiny particles of metal are shed into the patient’s bloodstream. Over time, this process can lead to a dangerous condition called metallosis. Symptoms of metallosis may include tissue and bone damage, kidney and liver trouble, loosening of the device, neurological and cognitive defects, and painful clicking and popping sensations. Eventually, this condition forces many patients to have a costly and painful procedure called revision surgery to have the device removed. The problems with the Rejuvenate also may lead to metallosis, but the process is different.
With the Rejuvenate and ABG II, the reaction of the titanium and other metals in the device causes fretting, galvanization and corrosion. Stryker claimed that its proprietary TMZF material eliminated these problems, but unfortunately for patients this is not the case.

For many patients, the only remedy is to have the Rejuvenate surgically removed using a tool called a slap hammer. Here are some of the typical medical bills for a patient with a defective Rejuvenate hip stem:

  • Medical monitoring and blood tests: $3,000 a year
  • Revision surgery: $55,000 to $95,000
  • Physical therapy and nursing home care after revision: $12,000
  • Long-term follow up care: $1,700 a year

Will Stryker be held accountable?
Stryker is the business name for Howmedica Osteonics Corp., based in Mahwah, New Jersey. The company also makes bone cement, surgical navigation equipment and other medical devices. Stryker’s current market capitalization is $28 billion, and in 2012 it reported a net profit of more than $1.7 billion before taxes. It told investors in late 2013 that the hip stem recall might cost between $700 million and $1.13 billion — less than a year of income.
Stryker already faces thousands of lawsuits from U.S. consumers with injuries related to the recall.
Faced with negative publicity and the potential for thousands of trials over its recalled hip devices, Stryker agreed in November 2014 to settle the claims of hundreds of plaintiffs in a deal worth approximately $1.45 billion. But the deadline to enroll in the program passed in March 2015, and the settlement wasn’t a good fit for everyone. More than four years after the recall, Greensboro Law Center continues to fight for the rights of patients with more recent hip failures of the Rejuvenate and ABG II hips, based on the unique circumstances of their cases.
An MDL is not a class action lawsuit. The cases are consolidated only for pre-trial purposes. The MDL is in federal court in Minnesota. Other cases are filed in state court in New Jersey.

What kind of damages are available in a Stryker Rejuvenate hip case?
Some of these details may include:

  • Lost wages from your job due to surgery and related recovery.
  • Pain and suffering from not being able to sleep well, difficulty walking or driving a car, grinding and popping sensations in your hip, and surgical recovery.
  • Medical bills that may average $100,000 or more per person.
  • Future pain and suffering and lost wages until you reach the age of retirement
  • Loss of consortium for your spouse due to strain on your marriage, loss of intimacy, inability to do household chores and participating in daily activities.
  • Punitive damages for Stryker’s failure to share information about the dangers of the Stryker hip device, even after it knew about safety problems.

Stryker LFIT V 40 Femoral Head Recall
A new MDL was just formed for Stryker LFIT V 40 Femoral Heads. Greensboro Law Center is looking at these cases in this newly formed MDL. The cases have been consolidated in the United States, District Court of Massachusetts before the Honorable Indira Talwani.

How do I preserve my rights?
If you do not file a lawsuit within a certain amount of time, you may lose your right to compensation due to the Statute of Limitation. This deadline is different in each state, and it varies depending on the claims you are making in the lawsuit.. For a free evaluation of your potential Stryker hip recall claim, contact Attorney James Faucher at 336-478-6000.