If you or a loved one experienced complications, severe pain, mobility issues, or required revision surgery following a hip replacement procedure, you may be entitled to pursue compensation. At Schmidt&Clark, we are dedicated to helping individuals who have suffered due to defective hip implants. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt&Clark today for a free, no-obligation consultation.

Hip Replacement Lawsuit Overview

Hip replacement surgery is meant to restore mobility and improve quality of life, but when an implant fails, it can lead to severe pain, mobility issues, and the need for corrective surgery. Thousands of individuals have faced complications due to defective hip implants, prompting lawsuits against manufacturers for negligence, product defects, and failure to warn patients about potential risks.

Latest Hip Replacement Lawsuit Updates

January 23, 2023 – Federal courts revealed that a 2011 internal investigation conducted by Johnson & Johnson on its DePuy ASR hip estimated that the device would fail within five years in nearly 40% of recipients. The company failed to make this information public while simultaneously downplaying potential health complications.

July 10, 2012 – Michigan-based Stryker Orthopaedics recalled two brands of medical devices used in hip revision surgeries. The Stryker Rejuvenate and ABG II Modular-Neck Stem have been linked to at least 45 adverse event reports submitted to the FDA by individuals suffering severe pain and/or tissue swelling.

FDA Reports and Statistics

The U.S. Food and Drug Administration (FDA) has received thousands of adverse event reports related to hip replacement devices, particularly metal-on-metal implants, which pose the highest risks [1].

Metal-on-metal hip replacements pose the highest risk due to the release of metal ions into the bloodstream, which can lead to systemic health issues and long-term complications [2].

Hip Replacement Injuries & Side Effects

Patients with defective hip implants may experience a range of serious side effects:

• Metallosis: Metal toxicity due to metal-on-metal implants releasing debris into surrounding tissue and bloodstream [3]
• Bone and Tissue Damage: Deterioration of bone and soft tissue surrounding the implant [4]
• Severe Pain and Limited Mobility: Ongoing discomfort affecting quality of life
• Implant Loosening: Device becoming detached from bone
• Infection: Bacterial contamination requiring antibiotic treatment or revision surgery
• Need for Revision Surgery: Additional procedures to replace or repair failed implants

Urgent: Signs of Hip Implant Failure

Recognizing the early warning signs of a failing hip implant is crucial for preventing further complications. If you experience any of the following, seek medical attention immediately:

Immediate Warning Signs

1. Persistent Hip or Pelvic Pain – Pain that worsens over time, especially during movement or weight-bearing activities.
2. Swelling and Inflammation – Noticeable swelling around the hip joint, which may indicate infection or implant loosening.
3. Instability or Loosening – Feeling as if the joint is shifting or unstable while walking.
4. Frequent Dislocations – If the implant repeatedly slips out of place, it requires urgent medical evaluation.
5. Metal Allergy Reactions – Symptoms such as rashes, skin irritation, or general fatigue may suggest metal toxicity from implant components.

If you are experiencing any of these symptoms, consult a doctor immediately. Many individuals require revision surgery to replace defective implants, and legal action may help cover medical expenses, lost wages, and pain and suffering.

Do You Qualify for a Hip Replacement Lawsuit?

You may qualify for a hip replacement lawsuit if:

• You received a hip implant that has been identified as defective (such as DePuy ASR, DePuy Pinnacle, Stryker Rejuvenate, Smith & Nephew BHR, Zimmer Durom Cup, Biomet M2a Magnum, or Wright Conserve)
• You experienced serious complications such as metallosis, loosening, or early device failure
• You required revision surgery to replace the defective implant
• You can provide medical documentation linking your injuries to the hip implant

Evidence Required for a Hip Replacement Lawsuit

To file a successful hip implant lawsuit, you’ll need the following evidence:

• Medical records confirming the brand and model of your hip implant
• Documentation of your complications and symptoms
• Records of revision surgery, if applicable
• Ongoing medical treatment related to hip implant failure

Damages You Can Recover

Victims of defective hip implants can seek compensation for:

• Medical Expenses: Coverage for revision surgeries, ongoing treatments, physical therapy, and medications
• Lost Wages: Compensation for missed workdays and reduced earning capacity
• Pain and Suffering: Damages for physical pain and emotional distress
• Punitive Damages: Additional compensation in cases of manufacturer negligence [5]

Hip Replacement Recall Information

Several hip replacement devices have been linked to high failure rates, severe complications, and the need for revision surgery. While some of these implants have been recalled, others remain on the market despite ongoing concerns [6].

DePuy (Johnson & Johnson) Hip Replacement Devices

DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled two of its most controversial hip implants due to high failure rates:

• ASR XL Acetabular System
• ASR Hip Resurfacing System

Recall Issued: August 2010
Reason: More than 300 complaints were filed between 2008 and 2010 regarding premature device failure, requiring early revision surgery.

Related Article: Defective DePuy ASR™ Class Action Lawsuit & Attorneys

Stryker Hip Implants

Rejuvenate & ABG II Hip Replacements
Recall Issued: July 2012
Reason: Corrosion, fretting, and metal poisoning (metallosis) leading to severe complications and revision surgeries

Related Article: Stryker Hip Implant Attorneys & Lawsuit Info

Zimmer Durom Cup

Sales Suspension: In 2008, Zimmer temporarily suspended sales of the Durom Cup, though it was never formally recalled.
Primary Concern: Surgeons across the U.S. reported high failure rates due to loosening of the implant, causing pain and mobility issues.

Related Article: Zimmer Hip Replacement Lawsuit & Attorneys

Major Hip Implant Manufacturers and Lawsuits: What You Need to Know

Thousands of lawsuits against major manufacturers like DePuy, Stryker, Wright Medical, Smith & Nephew, and Zimmer Biomet have led to billions in settlements over defective hip implants [7].

Comparison of Major Hip Implant Manufacturers

1. DePuy Hip Implant Lawsuits

DePuy, a subsidiary of Johnson & Johnson, has been one of the largest offenders in the hip implant industry, facing thousands of lawsuits due to defective ASR and Pinnacle hip systems.

• ASR Hip System: Recalled in 2010 due to high failure rates and metal toxicity, leading to $4.42 billion in settlements.
• Pinnacle Hip System: Not recalled, but still linked to high failure rates. Over 10,000 lawsuits remain active, with settlements exceeding $6 billion.

Related Article: Defective DePuy Pinnacle Hip Replacement Lawsuit & Attorneys

2. Smith & Nephew Hip Implant Issues

Smith & Nephew’s Birmingham Hip Resurfacing (BHR) and R3 Hip Implants have been linked to metal toxicity and early device failure.

3. Stryker Hip Implant Litigation

Stryker has faced numerous lawsuits related to its hip implants, particularly the Rejuvenate and ABG II hip systems, which were recalled in 2012 due to corrosion, fretting, and metal poisoning (metallosis).

Related Article: Alaska Stryker LFIT V40 Hip Implant Attorneys & Lawsuit Info

4. Zimmer Hip Implant Lawsuits

Zimmer has faced multiple lawsuits over defective hip implants, with claims related to premature failure, metallosis, and the need for revision surgery.

Related Article: Zimmer Durom Acetabular Cup Lawsuit & Attorneys

5. Biomet Hip Implant Lawsuits: M2a Magnum Complications and Legal Battles

Biomet, now part of Zimmer Biomet, has faced thousands of lawsuits over its M2a Magnum metal-on-metal hip implant.

6. Wright Medical Hip Implant Lawsuits: Conserve and Profemur Z Failures

Wright Medical, once a major manufacturer of metal-on-metal hip replacements, has faced significant litigation over its Conserve and Profemur Z hip systems.

Related Article: Wright Conserve Hip Lawsuit & Attorneys

Statute of Limitations for Hip Replacement Lawsuits

The statute of limitations for filing a hip replacement lawsuit varies by state, typically ranging from 1-6 years from the date you discovered or should have discovered your injury. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss the deadline for filing your claim.

Frequently Asked Questions

Which hip replacements have been found to be defective?

Several hip replacement devices have been linked to high failure rates and complications, including DePuy ASR and Pinnacle, Stryker Rejuvenate and ABG II, Smith & Nephew BHR and R3, Zimmer Durom Cup, Biomet M2a Magnum, and Wright Medical Conserve Plus and Profemur Z hip systems.

How much are hip implant lawsuit settlements worth?

Hip implant settlements typically range from $100,000 to $300,000 per case, depending on factors like the severity of complications and need for revision surgery. Total manufacturer payouts have ranged from $245 million (Wright Medical) to over $6 billion (DePuy Pinnacle Hip System cases).

Can I file a lawsuit if my hip implant fails?

Yes, if your hip implant fails due to a design or manufacturing defect, you may be eligible to file a lawsuit against the manufacturer. Compensation may cover medical expenses, lost wages, pain and suffering, and other damages.

What are the potential causes of hip implant failure?

Potential causes include design flaws, manufacturing defects, improper surgical techniques, infection, implant wear, or the body’s rejection of the implant. Some specific implants are known to have higher failure rates.

Who is liable in a hip implant failure lawsuit?

Liability can extend to the manufacturer of the implant, the surgeon who performed the surgery, or the hospital where the surgery took place. The specific circumstances of the failure will determine liability.

How long does it take to settle a hip implant lawsuit?

The settlement process can take several years, depending on the complexity of the case. Cases that are part of multi-district litigation (MDL) may be resolved more quickly than individual lawsuits.

What if I’m not sure which hip implant I received?

If you don’t know the manufacturer of your hip implant, you can contact the surgeon who performed your procedure or request your medical records from the hospital where the surgery was performed.

Do I need revision surgery to qualify for a lawsuit?

While having revision surgery strengthens your case, it’s not always required to file a lawsuit. If you’re experiencing symptoms of implant failure but haven’t had revision surgery, you may still qualify for compensation.

What should I do if I suspect my hip implant is failing?

If you suspect your hip implant is failing, seek medical attention immediately, document all symptoms and medical visits, preserve any removed hardware if you undergo revision surgery, and consult with an experienced attorney.

How are hip replacement lawsuits different from other medical device lawsuits?

Hip replacement lawsuits often involve metal-on-metal complications like metallosis, which are unique to these devices. They also frequently involve large, consolidated multidistrict litigations (MDLs) due to the widespread nature of the defects.

Take Action Now: Time-Sensitive Legal Claims

If you or a loved one has experienced complications from a hip implant, time is limited to pursue legal action. Statutes of limitations vary by state, giving you only a limited window from the date of injury to file your claim.

At Schmidt & Clark, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees
• Payment only if we win your case

Don’t wait until it’s too late to seek the compensation you deserve. Contact our experienced hip replacement attorneys today.

Visit our website to see which medical devices lawsuits our attorneys are currently taking.

Get a Free Hip Replacement Lawsuit Evaluation With Our Lawyers

The Defective Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in hip implant failure lawsuits. We are handling individual hip implant litigation nationwide and currently accepting new cases in all 50 states.

References

[1] https://www.fda.gov/medical-devices/metal-metal-hip-implants/concerns-about-metal-metal-hip-implants

[2] https://pubmed.ncbi.nlm.nih.gov/23288768/

[3] https://jamanetwork.com/journals/jama/fullarticle/1104908

[4] https://www.nejm.org/doi/full/10.1056/NEJMoa1107029

[5] https://www.justice.gov/opa/pr/johnson-johnson-pay-more-22-billion-resolve-criminal-and-civil-investigations

[6] https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(12)60989-1/fulltext

[7] https://www.bmj.com/content/344/bmj.e1410