A number of companies have faced criticism over their metal-on-metal hip implant systems. One such company is Wright Medical. In early August 2020, a court consolidated 47 lawsuits and sent them to federal court saying that the design of some Wright Medical hip replacement implants caused patients injury. The implants at issue were made with metal-on-metal components, as opposed to metal-on-plastic components, like many implants.

This decision was made by the Judicial Panel on Multidistrict litigation, who decided that the claims made in the many lawsuits filed against Wright Medical were so similar that it would be more efficient to just handle them as one. Wright Medical had fought the move to consolidate, but the court did not heed their requests to keep the lawsuits separate.

According to the company, the lawsuits were different in a significant way, as they make complaints about implants made from different materials. As the complaints allege that the devices possess a defect that can cause them to erode and fracture, the company says that the issue of material makes the claims distinct.

Additionally, the company asserted that the nature of the customers’ arguments themselves were too different to be combined. Law360 summarizes, saying that the company asserted that the complaints “pursue different theories of liability.” On a more basic level, the company also asserted that the lawsuits should not be combined because they were at different stages in the legal process, making combining them impractical.

The company also stated that they had taken steps to consolidate the lawsuits in a different manner than that proposed by the court — reportedly, the company had grouped the lawsuits by state and had divided them that way.

What Do Patients Allege?

Patients allege that the devices fractured and eroded while in a patient’s body, posing a risk of a range of injury. Despite these legal issues, Wright Medical was once known for its hip and knee replacements. However, in light of the hundreds of lawsuits filed over Wright Medical hip replacement  implants including the Profemur, Conserve, and Dynasty implants, the company sold off this part of its company.

Now, the company has only businesses that produce implants for the extremities, including the feet, ankles, hands, and arms.

MircoPort medical purchased the Wright Medical hip replacement and and knee replacement division in 2013, paying $290 for the division. Now, MicroPort is claiming that it should not be held liable in the majority of the lawsuits over the metal-on-metal hip implant lawsuits.

Wright Medical hip replacement devices are not the only ones to face claims over alleged patient injury. Other companies, such as Johnson & Johnson’s DuPuy implants, have faced similar claims, from patients who say that the components wear improperly once implanted, causing metal fragments to fret off of the implant and enter the patient’s body, causing elevated metal levels in a patient’s blood. The Arthritis Foundation discusses the risks associated with metal-on-metal hip implants. 

The FDA elaborates, saying that metal can fret off of the device in multiple places — from where the ball and socket connect, and in some cases, between the metal ball and the taper of the stem. This erosion of metal can lead the device to not fit together as it should, which in turn, can cause pain during walking and other movement.

In some cases, a revision hip implant surgery may be necessary to address the injury and discomfort. The FDA explains that some patients may need to have their metal-on-metal hip implants replaced sooner rather than later to help avoid potential damage to their muscles, bones, and nerves. 

In most cases, metal-on-plastic hip implants are recommended to avoid this potential interaction.

The Wright Medical Hip Replacement MDL is In Re: Profemur Hip Implant Products Liability Litigation, MDL No. 2949, in the Judicial Panel on Multidistrict Litigation.