Hip replacement is most commonly used to provide patients with increased stability after joint failure caused by osteoarthritis. Other situations where a hip replacement might be necessary include: rheumatoid arthritis, avascular necrosis, traumatic arthritis, protrusio acetabuli, certain hip fractures, benign and malignant bone tumors, arthritis associated with Paget’s disease, ankylosing spondylitis and juvenile rheumatoid arthritis.
ADVERSE EFFECTS CAUSED DUE TO FAULTY HIP REPLACEMENTS
Hip Replacement Lawsuits Overview
Associated Products: M2a Magnum Hip Implamt Products, Pinnacle Acetabular Cap, ASR Acetabular System, ASR Hip Resurfacing System, Birmingham Hip Resurfacing Implants, LFIT V40 Femoral Head, Rejuvenate Hip Replacement Components, ABG II Hip Replacement Components, Conserve Hip Implant Products, Durom Hip Implant Products
Companies Involved: Biomet, DePuy Orthopedics (Johnson & Johnson), Smith & Nephew, Stryker, Wright Medical, Zimmer
Common Uses: To replace hip joints in patients with a variety of advanced degenerative hip conditions
How Many Lawsuits: 29,300+
Major Side Effects: Allergic Reactions, Metal Poisoning (Metallosis), Dislocation, Infection, Nerve Damage, Loss of Bone Matter (Osteolysis), Detachment or Loosening
Settlement Details: $2.2 Billion
Lawsuit Locations: Northern District of Indiana, Northern District of Texas, Northern District of Ohio, District of Maryland, District of Massachusetts, District of Minnesota, Northern District of Georgia, District of New Jersey
PROMINENT COMPANIES WHICH HAVE BEEN SUED FOR PRODUCTION OF DEFECTIVE HIP REPLACEMENT
HIP REPLACEMENT SETTLEMENTS
DePuy Pinnacle Acetabular Cup Systems
As of early 2019, Johnson & Johnson the parent company behind the manufacturers of the defective hip replacements was in the process of settling approximately 3,300 of the 10,000 of the outstanding hip replacement lawsuits relating to DePuy Pinnacle Acetabular Cup Systems. J&J agreed to pay $120 million to resolve deceptive marketing claims by several U.S. states over metal-on-metal hip implants.
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 and hip implants. The initial settlement agreement was later revised 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 United States District Court of Minnesota (MDL 13-2441) and 2,600 cases filed in New Jersey overseen by the Bergen County Court (MCL 296). The base compensation amount for each plaintiff who agreed to the settlement was set at $300,000. Nevertheless, some individuals received more depending on their circumstances.
Smith & Nephew Metal-on-Metal Hip Settlements
Since 2015, Smith & Nephew has paid out two very large settlements to settle many of the individuals and their families who have filed claims against it. However, as per 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.
Biomet M2a Magnum and M2a38
Many Biomet hip replacement lawsuits were settled in 2014 with a $56 million settlement. Out of this settlement the 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.
Hundreds of other cases have since been filed, and as of January 2019, approximately 300 Biomet hip replacement lawsuits were still active in MDL 2391.
The cases filed against Wright Medical Group 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.
YOU MAY RECEIVE COMPENSATION IN A LAWSUIT AGAINST THE MANUFACTURERS OF DEFECTIVE METAL HIP REPLACEMENT DEVICES
Settlements and verdicts can range from a few thousand dollars to millions of dollars, depending on a variety of different issues, such as: