By Tracy Colman  |  June 16, 2017

Category: Legal News

Zimmer DePuy hip implant revisionShortly after the Stryker V40 LFIT femoral head, a prosthetic component of a total hip replacement, was recalled in August 2016, plaintiff Aaron P. was admitted to a local hospital due to increased and unbearable pelvic pain that had kept him bedridden for over five weeks.

Radiological tests on Aaron confirmed a separation of the V40 LFIT femoral head from the Accolade femoral stem implanted nine years earlier. This finding necessitated immediate Stryker Accolade hip revision surgery.

Back in March 2007, Aaron P. had a Stryker Accolade hip stem and V40 LFIT femoral head prosthetic combination implanted as part of total hip arthroplasty surgery.

After this prosthesis combination was surgically placed in him, he experienced inflammation of the area and resultant pain over and above the norm for recovery from this surgery. Moreover, Aaron continued to feel this pain, which at times was debilitating, until his Stryker Accolade hip revision surgery.

Surgeons discovered during this revision that the prosthetic unit had corroded and left metal debris throughout the hip region which had severely damaged the soft tissue in the area.

Lawsuit Filed Because of Stryker Accolade Hip Revision Surgery

Because of the surgical findings and prior years of pain and suffering, Aaron P. filed a lawsuit in North Carolina on May 9, 2017, against Howmedica Osteonics Corporation ─ developer, maker, and promoter of the Stryker Accolade hip stem and V40 LFIT femoral head.

According to the complaint, Aaron P. believes that the defendant pushed the two prosthetic hip components through the Food and Drug Administration’s (FDA) 510(k) clearance system without adequate testing.

The 510(k) clearance allows companies to sidestep lengthy device testing and clinical trials if they can prove the item in question is substantially like a product already on the market.

Because of the plaintiff’s Stryker Accolade hip revision surgery, he questions why the defendant has issued recalls on the prosthetic components but not identified the associated problems with parts as corrosive in nature.

The recalls fail to mention a simple blood test that would be appropriate to run with that information in hand. The blood test involves checking to see if there are elevated amounts of chromium, cobalt, and titanium circulating in the body.

Armed with the results of this lab test, Stryker Accolade hip revision surgery might still be needed in many cases, but the corrosive state might be caught before tissue damage gets out of control or fracturing occurs.

Aaron P. brings accusations against the defendants of negligence and breach of warranty. He asks for compensatory damages, actual damages, costs and expenses of litigation to be reimbursed, and attorney’s fees and costs reimbursed. He requests amounts to be determined by the jury and judge as considered fair given the losses incurred.

The Stryker Hip Replacement Lawsuit is Case No. 1:17-cv-10984-IT, in the U.S. District Court for the Eastern District of North Carolina, Eastern Division.

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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