Published by Metal-on-Metal Hip Implant Lawsuit Overview
The metal-on-metal hip implant lawsuit involves legal claims against manufacturers who marketed all-metal hip replacement devices as superior alternatives to traditional plastic-and-metal implants, particularly for younger, more active patients.
The primary allegations against manufacturers include failure to adequately warn patients and doctors about serious complications, including device failure, bone deterioration, and tissue damage caused by metal debris.
Over 5,000 patients allegedly injured by these devices have filed lawsuits against manufacturers around the country.
Despite being marketed as longer-lasting alternatives, these "revolutionary" new metal hip implants have been shown to be no more effective and sometimes even more problematic than much older models.
Latest Metal-on-Metal Hip Implant Lawsuit Updates
- January 23, 2013 – Newly disclosed court documents revealed that a 2011 internal investigation conducted by Johnson & Johnson on its DePuy ASR hip implant estimated that the device would fail within five years in nearly 40% of recipients. The company failed to make this critical information public while simultaneously downplaying the potential health complications associated with its metal-on-metal hip [1].
- July 10, 2012 – Michigan-based Stryker Orthopaedics recalled two brands of devices used in hip replacement surgeries: the Stryker Rejuvenate and ABG II Modular-Neck Stem [2].
- March 19, 2012 – NPR reported on widespread problems with metal-on-metal hip implants, highlighting cases like Susy Mansfield's, who required revision surgery after her all-metal hip replacement began eating away at surrounding bone and soft tissue, causing unbearable persistent pain [3].
FDA Reports and Statistics
At the time of peak usage, approximately 30% of hip replacement procedures involved metal-on-metal prosthetics.
With about 250,000 hip implant surgeries performed annually, this means approximately 80,000 patients were implanted with all-metal devices each year.
It has been estimated that over 500,000 Americans currently have metal-on-metal hip implants. Since news of complications surfaced, significantly fewer of these devices are now being implanted, though they continue to be marketed in the United States and abroad.
The FDA has received thousands of adverse event reports related to metal-on-metal hip implants, with common complaints including device failure, metallosis (metal poisoning), and the need for revision surgery.
Metal-on-Metal Hip Implant Injuries & Side Effects
Metal-on-metal hip implants have been associated with a range of serious complications that can develop months or years after implantation, often requiring revision surgery and causing significant pain and disability.
- Metallosis: Metal debris from the implant can cause metal poisoning, leading to tissue death and organ damage.
- Osteolysis: Metal particles cause bone deterioration around the implant, weakening the surrounding bone structure.
- Pseudotumors: Inflammatory masses that form around the implant site, causing pain and tissue damage.
- Device Loosening: The implant becomes loose from the bone, causing instability, pain, and the need for revision surgery.
- Tissue Necrosis: Death of surrounding soft tissue due to metal ion toxicity.
- Chronic Pain: Persistent, severe pain that significantly impacts daily activities and quality of life.
Do You Qualify for a Metal-on-Metal Hip Implant Lawsuit?
You may qualify for a metal-on-metal hip implant lawsuit if:
- You received a metal-on-metal hip implant between 2005 and 2013.
- You experienced serious side effects including severe pain, tissue damage, bone deterioration, metallosis, pseudotumors, or device failure.
- The injuries required medical treatment, revision surgery, or hospitalization.
- You can provide medical documentation linking your injuries to the metal-on-metal hip implant.
Evidence Required for a Metal-on-Metal Hip Implant Lawsuit
To pursue a successful metal-on-metal hip implant lawsuit, you will need to gather comprehensive documentation and evidence:
- Medical Documentation: Complete medical records from your initial hip replacement surgery, including surgical notes, implant information, and post-operative care records.
- Device Information: Specific details about your hip implant, including manufacturer, model number, lot number, and implantation date.
- Injury Records: Medical documentation of complications, including diagnostic tests, imaging results, and treatment records showing metal-related injuries.
- Revision Surgery Records: If applicable, complete records of any revision surgeries performed to remove or replace the defective implant.
- Expert Medical Opinions: Medical expert testimony linking your injuries directly to the metal-on-metal hip implant.
Damages You Can Recover
Successful metal-on-metal hip implant lawsuits may result in compensation for:
- Medical Expenses: Past and future medical costs for treatment of implant-related complications, including revision surgeries.
- Lost Wages: Income lost due to inability to work during recovery and ongoing treatment.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Punitive Damages: Additional compensation intended to punish manufacturers for negligent or reckless conduct.
Related Article: Wright Conserve Hip Litigation
Metal-on-Metal Hip Implant Recall Information
Several major manufacturers have recalled their metal-on-metal hip implant devices due to high failure rates and serious complications:
- DePuy ASR Hip System: Recalled in August 2010 due to high failure rates and metallosis concerns
- Stryker Rejuvenate and ABG II: Recalled in July 2012 due to fretting and corrosion at the neck-stem junction
- Wright Conserve: Recalled in 2012 due to high failure rates and metal debris complications
- Zimmer Durom Cup: Recalled in 2008 due to high failure rates and improper positioning issues
Statute of Limitations for Metal-on-Metal Hip Implant Lawsuits
The statute of limitations for filing a metal-on-metal hip implant lawsuit varies by state, typically ranging from 2 to 6 years from the date of injury discovery or when you reasonably should have known about the connection between your injuries and the implant.
Because many metal-on-metal hip implant complications develop gradually over time, the "discovery rule" often applies, meaning the statute of limitations begins when you discover or should have discovered your injuries were caused by the defective implant.
It's crucial to consult with an experienced attorney as soon as possible to ensure your rights are protected and to avoid missing critical filing deadlines.
Need More Info?
Click on the links below if you'd like additional information on these topics from Schmidt & Clark, LLP:
- Hip Implant Failure
- Medical Devices Litigations
- DePuy Pinnacle Hip Lawsuit
- Zimmer Durom Hip Cup Recall
FAQs
1. What makes metal-on-metal hip implants different from traditional implants?
Metal-on-metal hip implants use only metal components, unlike traditional implants that combine metal and plastic. They were initially marketed as durable alternatives for younger, more active patients but have caused serious complications due to metal debris.
2. How long do I have to file a metal-on-metal hip implant lawsuit?
The time limit varies by state, generally between 2 and 6 years from when the injury is discovered. Since complications can arise years after implantation, it's crucial to seek legal advice as soon as problems are identified.
3. What are the most common complications from metal-on-metal hip implants?
Common issues include metallosis (metal poisoning), bone damage, pseudotumors, device loosening, tissue death, and ongoing pain that may require revision surgery.
4. Do I need to pay attorney fees upfront for a metal-on-metal hip implant lawsuit?
Most attorneys handle these cases on a contingency fee basis, meaning you won’t pay any upfront costs. Fees are only collected if your case is successful.
5. What evidence do I need to prove my metal-on-metal hip implant injury case?
You’ll need medical records, device details, documentation of complications, and expert medical testimony that links your injuries to the defective implant.
6. Can I still file a lawsuit if my hip implant was recalled?
Yes, a recall can strengthen your case, as it shows the manufacturer knew or should have known about the device’s defects and risks.
7. What types of damages can I recover in a metal-on-metal hip implant lawsuit?
You may recover medical expenses, lost wages, pain and suffering, and even punitive damages, depending on the specifics of your case.
8. How long does a metal-on-metal hip implant lawsuit typically take?
Cases usually take between 18 months and several years, depending on the case complexity, the manufacturer, and whether the case settles or goes to trial.
9. Which manufacturers are facing the most metal-on-metal hip implant lawsuits?
DePuy (Johnson & Johnson), Stryker, Wright Medical, and Zimmer are major manufacturers involved in lawsuits, many of which have issued recalls for certain metal-on-metal hip implant models.
10. What if I'm not sure whether my hip implant is metal-on-metal?
Reach out to your surgeon’s office for your implant records, or consult with a qualified attorney who can help identify your implant type and evaluate your case.
Get a Free Metal-on-Metal Hip Implant Failure Metallosis Lawsuit Evaluation With our Lawyers
Time is limited to pursue legal action for metal-on-metal hip implant injuries. With statute of limitations periods varying by state - typically only 2 to 6 years from the date of injury discovery - it's crucial to act quickly to protect your rights.
Schmidt & Clark offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees - you pay nothing unless we win
- Payment only if we win your case through our contingency fee structure
- Experienced legal representation in product liability and medical device cases
Don't wait - contact Schmidt & Clark today to discuss your potential metal-on-metal hip implant lawsuit and learn about your legal options. Our experienced team is ready to fight for the compensation you deserve.
If you or a loved one has suffered a serious injury after being implanted with a metal-on-metal hip implant device, you should contact our law firm immediately. You may be entitled to compensation by filing a metal-on-metal hip implant injury suit and we can help.
References
- https://www.nytimes.com/2013/01/23/business/jj-study-suggested-hip-device-could-fail-in-thousands-more.html
- https://www.drugwatch.com/hip-replacement/stryker/recall/
- https://www.npr.org/sections/health-shots/2012/03/19/148769073/prone-to-failure-some-all-metal-hip-implants-need-to-be-removed-early