Joanna Szabo  |  June 16, 2019

Category: Legal News

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Complications from metal on metal hip implants have led to a bevy of patient lawsuits.

Hip implants typically have an artificial ball and an articulating cup to take the place of the femoral head and hip socket. With metal on metal hip implants, these components are made of entirely metal materials and were developed to offer less device material wear, a decreased chance of hip dislocation, and a decreased risk of the hip implant device fracturing.

Metal on metal implants were once very popular among manufacturers, but growing concerns about serious complications have resulted in  the U.S. Food and Drug Administration (FDA) recaling numerous models. According to the agency, there are no metal on metal total hip replacement systems left in the United States that are being marketed legally and in accordance with FDA regulations.

One of the most concerning complications associated with metal on metal hip implants is metallosis. This condition may occur when the metal components rub together and release metal debris into the surrounding joint. This can deprive the implant area of oxygen and lead to tissue and bone death. Metal debris may also enter the bloodstream, resulting in damage to tissue and systemic toxicity.

Side effects of metallosis may include: implant failure, implant loosening, local tissue death, bone deterioration, pseudotumors, severe joint pain, and osteolysis. Osteolysis is loss of bone in the area around the hip implant which is responsible for some 75 percent of implant failures.

After repeated scientific studies showed that metal on metal hip implants were related to implant failure, the FDA warned that side effects should be closely monitored.

“The FDA is recommending that asymptomatic patients with MoM hip implants continue to follow-up with their orthopaedic surgeon every 1 to 2 years to monitor for early signs of change in hip status,” the agency states.

Severity of Metal Hip Implant Complications

In some cases, metal hip implant complications can be quite severe and even life-changing.

In June 2019, Raleighn N.C.-based WTVD reported on a Durham, North Carolina woman who says that hip replacement surgery with a metal-on-metal hip implant system caused severe complications that nearly took her life.

At age 36, Juliana LaDue underwent hip replacement surgery in 2003, according to WTVD. The surgeon, Juliana said, told her that a metal-on-metal implant would last longer than others on the market. Juliana took is advice and had a Pinnacle metal hip implant manufactured by DePuy, a subsidiary of Johnson & Johnson.

But after the surgery, Juliana began to experience strange and disconcerting complications, including hair loss and nails tearing, as well as a general feeling of being lethargic and ill. Blood tests eventually showed that she was suffering from metal poisoning due to chromium and cobalt levels nearly a hundred times the standard range. The metal poisoning (or metallosis) in turn caused a heart condition known as cardiomyopathy.

Juliana’s health problems impacted her daily life, and caused her famliy to suffer emotionally and financially.

If you or someone you love has suffered from metallosis or other side effects of a metal-on-metal hip implant, you may be able to file a lawsuit and pursue compensation.

Hip Replacement Lawsuit Settlement Amounts

Due to concerns over metal on metal hip implants, many consumers have taken legal action against device manufacturers to seek compensation for complications resulting in revision surgery. These lawsuits have targeted a variety of manufacturers including DePuy, Zimmer, Biomet, Stryker, and more.

Litigation regarding metal on metal hip implants is often consolidated into a multidistrict litigation (MDL). This allows multiple cases to be resolved through trial or settlement all at the same time rather than going through discovery, trial, and other court proceedings for each claim.

The first few of these cases to go to trial, known as bellwether cases, give other claimants and the manufacturer an idea of how their evidence and arguments will play out in court. That information helps them decide whether to settle and how much the hip replacement lawsuit settlement amounts should be.

Hip replacement lawsuit settlement amounts will vary, but settlements may range from hundreds of thousands of dollars to hundreds of millions of dollars. In January 2015, Biomet agreed to pay $56 million to settle claims against them regarding the M2a Magnum metal on metal hip replacement. In March 2016, Zimmer agreed to pay around $314 million to settle the majority of lawsuits regarding their Durom Cup. Since 2015, three trial verdicts have awarded plaintiffs over $1.7 billion in damages for allegations regarding the DePuy Pinnacle hip implant.

Although hip implant litigation can be a long and arduous process, an experienced hip implant lawyer can help clients navigate the process to reach a settlement. An attorney can help you determine if you have a legal claim, navigate the complexities of litigation, and maximize your potential compensation. Awards from a successful lawsuit or settlement agreement can help to cover medical expenses, lost wages, and much more.

Join a Free Metal Hip Implant Revision Surgery Lawsuit Investigation

If you or someone you know has or needs to have your metal on metal hip implant replaced because of any of a number of complications, a hip implant attorney would like to speak with you to determine if you are owed compensation for your injuries.

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