Hip replacement lawsuits claim patients were left with serious side effects like allergic reactions, metal poisoning, infection, nerve damage and bone loss due to poor design or device defects. Thousands of hip replacement lawsuits have been filed against various device makers, and some have settled for a combined total of $2.2 billion.Looking to file a hip replacement lawsuit? Contact a medical device lawyer today
Why People Are Filing Hip Replacement Lawsuits
As many people grow older, they can begin feeling pain, stiffness, or discomfort in their joints, often caused by inflammation (such as arthritis or bursitis), deterioration of the bone or cartilage, injuries, or other health conditions. Doctors will often recommend a variety of treatments, such as stretches or exercise, anti-inflammatory drugs, or surgery. If less invasive treatments do not work, doctors may ultimately recommend a partial or total hip replacement, in which uses metal, ceramic, or polyethylene components are implanted in the top of the femur and the pelvic hip socket. Ideally, after the new hip is fully healed, the patient will have better mobility and less pain or stiffness.
More than 860,000 hip replacement surgeries have been performed in the United States over the last five years, and if current trends continue, that number will rise even higher in the future. According to the most recent American Joint Replacement Registry Annual Report, the number of hip replacement procedures has risen from about 45,500 in 2012 to more than 280,000 in 2017. Unfortunately, a lot of people have experienced severe complications with their total or partial hip replacement devices. In some cases problems arise from the surgery, but in many other instances, side effects from the hip device have led to further health issues.
In response to these problems, thousands of individuals have filed hip replacement lawsuits against companies like Johnson & Johnson, Smith & Nephew, Stryker, and other medical device manufacturers. The lawsuits claim manufacturers should have prevented the problems with their devices or done more to warn patients about the potential complications they could face after their surgeries.
Allergic Reactions and Metal Poisoning (Metallosis)
The exact cause of allergic reactions and metal poisoning in metal-on-metal hip replacements is debated among medical professionals. One leading theory is that the constant abrasion of the metal hip implant components causes minuscule cobalt chromium (CoCr) particles to rub off and build up in the patient’s body. This buildup may lead to systemic autoimmune problems, such as allergic reaction, sensitivity, or toxicity (also called metallosis) often in the form of cobalt poisoning. These issues can lead to further systemic side effects, such as hives, eczema, itching or redness. Severe complications can include memory loss, mental fog and the formation of necrotic tissue or “pseudotumors.”
Many of the hip replacement lawsuits filed over the last decade have cited such reactions as the primary cause of action, citing the need for revision surgery and other treatments that otherwise could have been avoided.
Other Hip Replacement Complications and Symptoms
In addition to complications from metal poisoning or allergies, hip replacements can lead to a wide variety of side effects, some of which are more severe than others. Some of these complications are immediate, such as infection or blood clots shortly after surgery, while others can develop over time, such as a loosening of the joint leading to dislocation as much as 5 or 10 years after the hip replacement surgery.
While not all complications are due to faulty hip components, certain styles and models of hip implant devices have been shown to fail more often than others, leading to severe, even life-threatening side effects. If you or a loved one have experienced such a side effect, get in touch with someone who can help you find out whether your device was recalled or part of a lawsuit.
Potential Complications of Hip Replacement Surgery
- Chronic or intermittent pain
- Limb length disparity
- Fracture near the implant site
- Deep-vein thrombosis (blood clots)
- Loss of bone matter (osteolysis)
- Detachment or loosening
- Sciatic or femoral nerve palsy (paralysis) or numbness
Current Hip Replacement Lawsuits
There are thousands of hip replacement lawsuits currently underway against several different companies, including DePuy (a division of Johnson & Johnson), Smith & Nephew, Stryker, Zimmer Biomet and others. Most of these lawsuits have been consolidated under multidistrict litigation (MDL) in various districts, in an effort to reduce duplication of effort and increase overall efficiency of case administration. The table below provides an overview of the companies, devices, and MDL case numbers for reference.
Hip Replacement Lawsuits in Multidistrict Litigation
|Company||Hip Component(s)||MDL (District Court)|
|Biomet||M2a Magnum Hip Implant Products||MDL 2391
(Northern District of Indiana)
|DePuy Orthopedics (Johnson & Johnson)||Pinnacle Acetabular Cup||MDL 2244
(Northern District of Texas)
|DePuy Orthopedics (Johnson & Johnson)||
(Northern District of Ohio)
|Smith & Nephew||Birmingham Hip Resurfacing Implants||MDL 2775
(District of Maryland)
|Stryker||LFIT V40 Femoral Head||MDL 2768
(District of Massachusetts)
(District of Minnesota)
|Wright Medical||Conserve Hip Implant Products||MDL 2329
(Northern District of Georgia)
|Zimmer||Durom Hip Implant Products||MDL 2158
(District of New Jersey)
DePuy Pinnacle and ASR Hip Resurfacing System (J&J)
DePuy Synthes was purchased by Johnson & Johnson in 1998. Since then, the company has faced tens of thousands of lawsuits for its medical devices, more than 12,000 of which are related specifically to hip implants and components.
According to J&J’s most recent annual report, most of the lawsuits are focused around two specific artificial hip parts.
|Hip Component||Approximate # of Lawsuits|
|DePuy Pinnacle Acetabular Cup System||10,000|
|DePuy ASR Hip System, ASR Hip Resurfacing System and the ASR XL Acetabular Hip System||2,000|
While Johnson & Johnson won its first Pinnacle trial in 2014, the company has since lost several hip replacement cases with unfavorable verdicts. In November 2017, the company was found liable, and the jury awarded $247 million in compensatory and punitive damages to the plaintiff. An 2016 award of $500 million to five plaintiffs in Texas was subsequently cut to $150 million upon appeal. In December 2018, court documents revealed that the company had settled thousands of Pinnacle Acetabular Cup System lawsuits, with thousands more still working their way through the courts.
Smith & Nephew BHR
The multinational medical device maker Smith & Nephew, headquartered in Great Britain, has been the subject of many different lawsuits over various allegedly defective hip replacement products, including:
- Birmingham Hip Resurfacing (BHR) System
- Birmingham Hip Modular Head (BHMH) – phased out in 2014-2015
- R3 Acetabular System (R3ML) – recalled in 2012
U.S. lawsuits against Smith & Nephew have been consolidated under MDL 2775, overseen by the U.S. District Court in the District of Maryland. As of January 2019, there were 536 cases still pending in the multidistrict litigation.
Stryker LFIT V40 Femoral Head Recall
In August 2016, Stryker issued a voluntary recall on more than 42,500 of its Stryker LFIT V40 femoral heads – the part of the hip implant that attaches to the thigh bone. According to the FDA medical device recall database, the company received multiple complaints from patients who were injured after the taper lock on the femur head failed.
The Stryker LFIT V40 femoral head is made for use with Stryker Accolade TMZF Titanium hip stems. Some have argued that this arrangement could be as costly as the Stryker Rejuvenate and ABG II Hip Implant settlement that required it to shell out nearly $1.5 billion. If you or a loved one received a Stryker LFIT V40 femoral head, talk to a lawyer to see if you may be eligible to file a lawsuit.
Hip Replacement Settlements
Some hip replacement lawsuits have been settled by drug manufacturers. Learn about some of the biggest settlements that have already taken place below.
DePuy Pinnacle Acetabular Cup Systems
In December 2018, a court filing indicated that Johnson & Johnson had settled (or was in the process of settling) approximately at least 3,300 of the 10,000 of the outstanding hip replacement lawsuits related to DePuy Pinnacle Acetabular Cup Systems. While the court documents do not state a settlement amount, Bloomberg cited several unnamed sources indicating that the average settlement amount was $125,000, making the total settlement for the 3,300 cases at least $412.5 million.
It is unclear whether additional settlements are in the works. At the time of the December 2018 settlements, Johnson & Johnson and DePuy Orthopaedics were facing a big trial in January 2019 against five individuals who had problems with their artificial hips. At the same time, the company was defending itself in a federal appeals court against a $1 billion verdict from an earlier Pinnacle hip replacement lawsuit.
Stryker Rejuvenate and ABG II Hip Implant Settlement
In December 2014, Stryker offered $1.425 billion to settle more than 5,000 lawsuits related to Rejuvenate and ABG II modular-neck hip implants, which were made and sold by the company’s Howmedica Osteonics subsidiary. The initial settlement agreement was later amended in July 2015 and then again in December 2016, which expanded the number of people who could qualify for the settlement and extended the deadline to March 31, 2017.
The initial settlement resolved two separate sets of mass tort litigation:
- 2,300 cases overseen by the U.S. District Court in the District of Minnesota (MDL 13-2441)
- 2,600 cases filed in New Jersey and overseen by the Bergen County Court (MCL 296)
The base compensation amount for each plaintiff who agrees to the settlement was set at $300,000. However, some individuals received more depending on their circumstances, such as experiencing complications like infection, an allergic reaction, or the need for additional surgeries.
Smith & Nephew Metal-on-Metal Hip Settlements
Smith & Nephew has been plagued with a number of hip replacement woes over the years. Since 2015, the British corporation has paid out two very large settlements to close out many of the claims against it. However, according to the company’s 2017 financial report, most of these settlement claims were paid by the company’s liability insurer, leaving the device maker a bill of $25 million. The total amount of the settlements are not disclosed. The company expects to finalize a third multimillion-dollar settlement in 2018.
Biomet M2a Magnum and M2a38
The Indiana-based medical device company Biomet, which merged with another device maker Zimmer in 2015 to form Zimmer Biomet, has faced hundreds of lawsuits over its Biomet M2a Magnum and Biomet M2a38 metal-on-metal hip replacement systems. The cases were consolidated in the U.S. District Court for the Northern District of Indiana (MDL 2391).
Many Biomet hip replacement lawsuits were settled in 2014 with a $56 million settlement. Out this settlement, plaintiffs received a base rate of $200,000 apiece, though some adjustment to that figure could be made depending on various factors, such as whether the individual had received resurfacing surgery or if the case was filed after the statute of limitations.
Other cases have since been filed, and as of January 2019, approximately 300 Biomet hip replacement lawsuits were still active in MDL 2391. Zimmer Biomet is the subject of many knee replacement lawsuits, as well.
Wright Conserve Hip Implants
Starting in about 2012, approximately 1,900 lawsuits were filed against Wright Medical Group, a device maker situated in Memphis, TN, relating to its Conserve, Lineage and Dynasty hip implants. The cases were consolidated in 2012 into a multidistrict litigation overseen by the U.S. District Court in the Northern District of Georgia under MDL 2329.
All of the Wright hip replacement lawsuits were settled in two different settlements:
- November 2016 – $240 million settlement to resolve 1,292 lawsuits
- October 2017 – $90 million to resolve about 600 remaining lawsuits
In October 2017, after the settlement was announced, MDL 2329 was closed to new cases. However, if you have had problems with your hip implant made by Wright Medical Group or another manufacturer, you should still talk to a lawyer for your free case review to see if you are eligible for compensation.
Hip Replacement Lawsuit FAQs
If you have questions not answered below, contact a medical device law firm to see if you have a case.
Can I File a Hip Replacement Lawsuit?
Generally, if you or a loved one has experienced severe complications after receiving a hip replacement using one of the following components, you may be eligible for compensation:
- Biomet M2a Magnum Hip Implants
- DePuy Pinnacle Acetabular Cups
- DePuy ASR Acetabular System
- DePuy ASR Hip Resurfacing System
- Smith & Nephew Birmingham Hip Resurfacing (BHR) Implants
- Stryker LFIT V40 Femoral Heads
- Stryker Rejuvenate Hip Replacement Components
- Stryker ABG II Hip Replacement Components
- Wright Conserve Hip Implant Products
- Zimmer Durom Hip Implant Products
If you have experienced serious side effects but are unsure what components were used in your hip replacement, you can still talk to a lawyer for free to see if your case is viable.
How Much Compensation Can I Get?
Settlements and verdicts can range from a few thousand dollars to millions of dollars, depending on a large number of different considerations, such as:
- The hip component manufacturer
- The type of complications experienced
- Whether additional surgeries or medical care was required
- How long after the implant surgery complications began
Depending on your individual case, other factors may also affect the amount you could receive. During your free case review, you can talk with your lawyer to understand what others in similar situations have received, and find out what you might be able to get from a settlement or verdict.
How Much Does a Hip Replacement Lawyer Cost?
Reputable lawyers will never charge you up front for a hip replacement lawsuit. You will be able to get a free case review before you sign any paperwork, with a chance to ask questions and understand the strength of your case based on your situation. Your lawyer will only receive money if he or she helps you win compensation as part of your case.File an Hip Replacement Lawsuit
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