A new lawsuit was filed in the recently established Stryker LFIT V40 MDL by an Illinois woman who claims that she became injured as a result of the allegedly defective hip implant.
Plaintiff Joan J.’s lawsuit in the Stryker LFIT V40 MDL states that she had an LFIT Anatomic CoCr V40 Femoral Head implanted in her right hip in January 2010 in a Chicago hospital. She was also implanted with the Citation Femoral Stem.
She claims that the replacement failed, and as a result, Joan states that she has suffered from personal injury and economic loss.
The Stryker LFIT V40 MDL was recently established in a Massachusetts federal court after the Judicial Panel on Multidistrict Litigation consolidated all of the pending lawsuits and funneled them into a single court under a single judge. This process is designed to simplify the pretrial proceedings, conserve human and financial resources and serve the convenience of all parties.
The master long form complaint in the Stryker LFIT V40 MDL states that because of alleged product defects, “Plaintiffs have suffered and continue to suffer both injuries and damages, including, but not limited to: bodily injury; severe physical pain and suffering; emotional distress; disability; physical impairment; disfigurement; mental anguish; inconvenience; aggravation of pre-existing condition; loss of the capacity for the enjoyment of life; the cost and medical care and expenses; loss of earnings; and loss of the ability to earn money, all of which damages and losses will continue in the future.”
According to the plaintiffs, the apparent design flaws of the Stryker LFIT V40 metal hip lead to inappropriate motion when implanted, fretting, corrosion and production of metallic debris which is greater than the issues posed by other hip implant systems. Plaintiffs say the release of metal debris into the body can cause tissue death and systemic damage, pain, inflammation, device loosening, pseudotumor development and more, all leading to the need for revision surgery.
The Stryker LFIT V40 MDL master complaint also indicated that in August 2016, the defendants issued a voluntary recall for certain LFIT V40 heads citing issues including “dislocation of the femoral head from hip stem, fractured hip stem trunnions, excessive metallic debris and excessive wear debris.”
The problems noted from the failure of these LFIT V40 heads that were recalled included the need for revision surgery, inflammatory response, dislocation, periprosthetic fracture and adverse local tissue reaction.
As a result of her injury, Joan has filed a number of counts against the manufacturer of the metal hip including negligence, negligence per se, strict products liability for defective design, manufacturing defect and failure to warn, breaches of express and implied warranties, violation of state consumer fraud and/or unfair and deceptive trade practices laws, negligent misrepresentation, unjust enrichment and punitive damages.
The plaintiff is seeking compensatory damages requested, applicable statutory damages, attorneys’ fees and costs, prejudgment interest and costs of suit, restitution and disgorgement of profits and any further relief deemed just and proper by the court.
The Stryker LFIT V40 Lawsuit is Case No. 1:17-cv-12236 and is part of the Stryker LFIT V40 MDL In re: Stryker LFIT V40 Femoral Head Products Liability Litigation, MDL No. 2768, in the U.S. District Court for the District of Massachusetts.
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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