In reponse to Wright Medical Techonolgy’s motion to overturn or reduce the a hip replacement lawsuit settlement in the amount of a $11 million jury award, the plaintiff is asking for the settlement to be upheld.

The hip replacement lawsuit settlement came from Wright metal hip implant bellwether lawsuit, and the verdict sparked Wright Medical’s protests.

Plaintiff Robyn C. had argued against the company’s claims that the verdict was due to a prejudiced decision from U.S. District Judge William S. Duffey Jr. who asked the jury for further deliberations following a unanimous jury verdict that the Wright Conserve hip implant was not defective. Robyn said the court had the right to resubmit the verdict because the jury misunderstood the instructions and had provided inconsistent answers.

Robyn argued that Wright Medical’s request was “blatantly unfair to the jury” after the jury’s completion form had numerous answers indicating confusion with jury also confirming that they misunderstood instructions.

According the brief following the hip replacement lawsuit settlement, the jurors had initially answered that the Wright Conserve hip implant was not defective in question 1A but had stated the company was negligent in misrepresenting a product and further awarded compensatory and punitive damages to the plaintiff.

With this in mind, Robyn also argued that a new trial would be meaningless, in which Wright Medical had requested as alternative course of action.

Robyn is one of many patients who received a Wright Conserve hip implant system and allegedly suffered hip replacement problems as aresult. Robyn’s lawsuit is the first bellwether trial in a multidistrict litigation, which established in February 2012.

Overview of Wright Conserve Hip Implant Allegations

According to her claim, Robyn suffered several metal-on-metal hip replacement problems that included soft tissue damage in the area surrounding the device.

In October 2015, Judge Duffey declared that Robyn could not present any evidence regarding other lawsuits against Wright Medical or the company’s alleged knowledge of the defect after her 2006 implant surgery, nor could she present some of the testimony provided by her doctor.

Soon after, Wright Medical had tried to have this case be moved for judgment as a matter of of law, stating that Robyn had not produced sufficient evidence for a jury. Not only did Judge Duffey disagree, but the jury ultimately sided with Robyn in November and awarded her $1 million in compensatory damage and $10 million in punitive damages in the hip replacement lawsuit settlement.

Wright Medical argued last month that the two verdicts were too different, and showed that not only was the jury confused but that there was clearly bias against the company when the court told jurors that they completed the question about the implant being defective incorrectly.

Wright Medical also argued that the punitive damages given in the hip replacement lawsuit settlement were unnecessary or excessive because Robyn never proved the company showed “knowing and reckless” actions as required under Utah law. Robyn argued the verdict was fair, stating that the company’s gross negligence justified the settlement amount.

This Wright Conserve Metal Hip Implant Lawsuit is In re: Wright Medical Technology Inc., Conserve Hip Implant Products Liability Litigation, Case No. 1:12-md-02329, in the U.S. District Court for the Northern District of Georgia.