A Georgia federal judge limited potential evidentiary claims in the first bellwether case in multidistrict litigation stemming from allegations that the metal-on-metal design of Wright Medical Technology Inc.’s hip replacement implant was defective.

The ruling restricts the plaintiff’s claims for punitive damages and mentions of previous lawsuits about the Conserve hip implant device.

In the order issued on Oct. 30, U.S. District Judge William S. Duffey Jr. ruled that Plaintiff Robyn C. may not present information about past Conserve hip implant lawsuits against Wright Medical as well as limited parts of her physician’s testimony.

According to his ruling, both parties are restricted from presenting any evidence of hip implant defects that occurred after the date the plaintiff’s hip was implanted in 2006.

The jury is not allowed to hear evidence that metal-on-metal hips have been effectively recalled from the market because surgeons refuse to use them.

Moreover, they can’t be told that the FDA has required that hip implant manufacturers now go through a strict approval process in order to prove their devices safe and effective and to date no manufacturer has done so.

Additionally, Judge Duffey banned evidence showcasing that other similar Wright Conserve metal-on-metal hip implants have caused hundreds of patients to experience similar injuries as suffered by the plaintiff, including metallosis and additional hip revision surgery.

Because of this limitation on evidence, attorneys for the defense were able to conceal from the jury that the plaintiff’s surgeon had experienced the same issue with other Conserve hip implant patients.

“To allow evidence that an award of punitive damages might stifle or chill innovation in the development of medical devices generally, and hip implant devices specifically, would require a distracting departure in the trial of the core issues in this case to litigate the nebulous issue of whether an award of punitive damages would actually chill innovation and, even if it did, to what extent would innovation be stifled,” Judge Duffey stated.

Wright Hip Implant Lawsuits

This particular Wright hip implant lawsuit filed by plaintiff Robyn C. in January 2013 raises allegations that the Conserve hip replacement is defective in design and fails prematurely.

According to court documents, the Conserve hip implant is expected to last approximately 20 years but instead fails about six years after hip replacement surgery.

Robyn’s claim is one of almost 530, all citing similar allegations of pain, device failure, and metallosis after the metal-on-metal hip implants in the Conserve line caused metallic particles to chip into the bloodstream.

In addition, the problems often result in more difficult hip revision surgery to replace the implant, causing additional pain and suffering, a prolonged recovery time and an increased risk of hip implant complications, according to the complaints.

While the outcome of this first bellwether trial will not be binding on other Wright Conserve hip lawsuits, it will be closely watched by lawyers involved in the litigation, as it may facilitate further negotiations to settle claims and avoid the need for hundreds of individual cases to be filed in courts throughout the country.

The 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.