Laura Schultz  |  May 6, 2015

Category: Legal News

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hip-xray-doctorsWright Medical Technology Inc. filed to remove a wrongful death hip implant lawsuit from state court to federal court.

The hip replacement lawsuit was originally filed in Illinois state court and alleged that Wright Medical Technology was responsible for manufacturing and selling an unreasonably dangerous device that eventually led to the death of Rosemary M.

The lawsuit is brought by Sharon M., the personal representative for the estate of Rosemary. The lawsuit alleges that Rosemary underwent a total hip replacement for her right hip in December 2008.

The hip was manufactured by Wright Medical Technologies. According to the lawsuit, after her surgery Rosemary began to hear a clicking sound emanating from her right hip.

In April 2013 Rosemary underwent a revision surgery to fix the defect with her hip implant. Following the surgery, Rosemary contracted a postoperative infection and died in June 2013 due to complications from the surgery, according to the hip implant lawsuit.

Sharon M., the plaintiff in this hip implant lawsuit, is asking for damages to cover injuries Rosemary sustained including, pain and suffering, loss of normal life, medical expenses, and disability. She is also asking to recover compensation for the damages Rosemary’s children suffered which include burial expenses, as well as grief, sorrow, mental anguish, and emotional distress resulting from Wright’s defective hip implant.

Wright Medical Technology has submitted notice to the court and the plaintiff that the case will be removed to federal court. A defendant might choose to remove a case to federal court for several reasons.

Sometimes this is done in hopes of receiving a more favorable outcome for the defendant. In order to remove a case like Sharon’s to federal court the defendant must meet certain requirements. First, both parties must reside in separate states and, second, the potential amount of damages must exceed $75,000. Both of these elements are met in this case.

Overview of Wright Hip Replacement Lawsuits

Multiple lawsuits have been filed against Wright Medical Technologies over its metal on metal hip implants. The medical device was approved by the FDA in November 2009, but soon after numerous studies began to show that these devices prematurely failed at rates higher than other types of implants.

When a hip implant fails it can cause a host of problems including pain and the need for hip revision surgery.

Successful hip implant lawsuits filed against medical device manufacturers can help provide victims with compensation. Awards and settlements from these lawsuits can help pay for both past and future medical bills as well as compensate victims for the pain and suffering they had to endure due to defective devices.

Generally, lawsuits are brought by the victims themselves but sometimes they are brought in a wrongful death action by a personal representative of the victim’s estate. Determining whether a person has a viable claim against a medical device manufacturer like Wright Medical Technologies is something that should be reviewed by a legal professional.

The Hip replacement lawsuit is case number 1:15-cv-01219-WSD, filed in the U.S. District Court, Central District of Illinois.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Metal Hip Replacement Class Action Lawsuit Investigation

If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.