Smith & Nephew Hip Replacement Lawsuits

People have filed Smith & Nephew hip replacement lawsuits because the manufacturer’s metal-on-metal devices led to metallosis and other serious complications. Smith & Nephew recalled 4,000 R3 Acetabular Hip Systems in 2012 and 2,000 Modular SMF and Modular Redapt Revision Femoral Hip Systems in 2016 over issues that could result in more lawsuits.

This is an active lawsuit

See If You Qualify for a Hip Replacement Lawsuit

If you experienced serious complications from your hip replacement device, you may be entitled to compensation. Get a free case review.

  • A+BBB Rating
  • 4.9 StarGoogle Reviews

We value your privacy. By clicking REVIEW MY CASE, you agree to our privacy policy and disclaimer. After submitting, you will be contacted by one or more of Drugwatch's trusted legal partners (including autodialed and prerecorded calls or text/SMS messages). Msg. and data rates apply. Your consent to text messaging is not required for a case review and you may opt out of text messages at any time by texting STOP. This is legal advertising.

  • A+BBB Rating
  • 4.9 StarGoogle Reviews
Last Modified: March 1, 2024
Fact Checked
Legally Reviewed

Drugwatch.com content is legally reviewed for accuracy and quality.

Examples of trusted legal reviewers include qualified mass torts lawyers and certified paralegals.

Drugwatch.com writers gather lawsuit information by studying court records, watching lawsuit proceedings and speaking with experienced attorneys.

Why Trust DrugWatch?

Drugwatch.com has been empowering patients for more than a decade

Drugwatch.com has provided reliable, trusted information about medications, medical devices and general health since 2008. We’ve also connected thousands of people injured by drugs and medical devices with top-ranked national law firms to take action against negligent corporations.

Our team includes experienced medical writers, award-winning journalists, researchers and certified medical and legal experts. Drugwatch.com is HONCode (Health On the Net Foundation) certified. This means the high-quality information we provide comes from credible sources, such as peer-reviewed medical journals and expert interviews.

The information on Drugwatch.com has been medically and legally reviewed by more than 30 expert contributors, including doctors, pharmacists, lawyers, patient advocates and other health care professionals. Our writers are members of professional associations, including American Medical Writers Association, American Bar Association, The Alliance of Professional Health Advocates and International Society for Medical Publication Professionals.

About Drugwatch.com

  • Assisting patients and their families since 2008.
  • Helped more than 12,000 people find legal help.
  • A+ rating from the Better Business Bureau.
  • 5-star reviewed medical and legal information site.
Learn More About Us

Testimonials

"Drugwatch opened my eyes to the realities of big pharmacy. Having a family member with major depression and anxiety, I was looking for information on her medications. I found information that was very helpful, that her psychiatrist never told her."
Marianne Zahren Patient’s Family Member
  • Google Business Rating
  • BBB A+ Rating Logo

Latest Smith & Nephew Hip Replacement Lawsuit Updates

As of March 2024, there were 143 active Smith & Nephew’s Birmingham Hip Resurfacing hip implant lawsuits pending in multidistrict litigation. MDL 2775 is before Sr. District Judge Catherine C. Blake in Maryland federal court. 

  • October 2023: Plaintiff Lori Bellan’s motion to vacate the court’s dismissal of her claims were denied.
  • January 2023: Clerk of the MDL panel rejected some cases for inclusion to the MDL, but new cases were still being added to the MDL.
  • May 2022: Judge Blake granted a motion for summary judgment in Hand v. Smith & Nephew, Inc., and the case was closed.
  • February 2022: Judge Catherine Blake dismissed some claims from about 175 male plaintiffs who alleged their implants were defective. However, Blake ruled that claims for misrepresentation and breach of express warranty could go forward.

Attorneys also have been filing claims over Smith & Nephew’s Modular SMF and Modular Redapt Revision Femoral Hip. The company recalled 2,000 of the devices in 2016.

Separately, Smith & Nephew quietly settled some individual actions over its R3 Acetabular Hip System in 2013. The company had recalled several thousand units.

‘Metal Shedding Debris’ Blamed for Complications

Like many other hip replacements in major litigations, Smith & Nephew BHR systems use a metal-on-metal design. Studies have found the wear between metal parts can release metal ions into the body. Elevated metal levels can cause a condition called metallosis which, in turn, can lead to other serious complications. People who filed lawsuits cited metallosis in their complaints.

Complaint Claims 288 ‘Device Problems’ at Time of Recall

In January 2011, Alberto Grazia received a Smith & Nephew hip implant at Euclid Hospital in Euclid, Ohio. A Birmingham Hip Resurfacing (BHR) system replaced his right hip. Grazia’s left hip was also replaced with a BHR system in July 2011.

Grazia endured severe pain after his second hip implant. It was so bad that surgeons had to replace his left hip implant in April 2016.

In December 2016, Grazia filed a lawsuit against Smith & Nephew. It was later included in the MDL over BHR implants. He claimed “metal shedding debris” from friction between the hip-replacement parts led to his persistent pain.

The lawsuit claimed at the time of the device’s recall in 2015, there had been 288 “‘device problems’ with the BHR, including numerous safety problems related to ‘metal shedding debris’ and other symptoms typical of metal-on-metal device failure.”

Metallosis Leads to Revision Surgery, Surgeon Says

Lonnie Taylor of Boca Raton, Florida, had his left hip replaced with BHR system in April 2009. He had his right hip replaced with a BHR system in June of that same year.

In 2018, Taylor needed revision surgery to remove and replace the BHR implants because of severe pain. Surgeons replaced the right hip in January and the left one in May.

Taylor filed a lawsuit in August 2018. It is part of the MDL.

At the time of the right hip revision, Taylor’s surgeon “documented extensive damage to Mr. Taylor‘s right hip anatomy due to severe metallosis,” according to his lawsuit.

“Although Smith & Nephew was aware of the risks associated with the BHR for many years, it did not inform [Taylor] or his healthcare providers until 2015 when it was too late for Plaintiff to avoid the BHR product,” his lawsuit claimed.

See if You Qualify for a Lawsuit Our Partners

Our Trusted Legal Partners

Drugwatch partners with trusted law firms to help you take legal action. After submitting the form, one of Drugwatch's partners will contact you for a free case review.

simmons hanly conroy law firm logo weitz and luxenberg logo sokolove law firm logo levin papantonio rafferty law firm logo nigh goldenberg raso and vaughn law firm logo morgan & morgan logo the ferraro law firm logo meirowitz & wasserberg law firm logo

Roughly 6,000 Hip Implants Recalled

Smith & Nephew issued a field-safety notice on its BHR implants in 2015, saying the devices posed a risk of dislocation, fractures and other complications that could require surgery to correct.

In addition, the UK-based company recalled its R3 Acetabular Hip Systems in 2012, and its Modular SMF and Modular Redapt Revision in 2016, over issues serious enough to spark more potential lawsuits.

Timeline of Recalls and Lawsuits
  • June 2012
    Smith & Nephew recalls 4,000 R3 Acetabular Hip Systems in the U.S. after reports of failures and complications.
  • 2013
    First lawsuits over the R3 Acetabular Hip Systems are filed; the company quietly settles most R3 cases.
  • December 2015
    The company’s annual report shows it set aside $203 million to cover lawsuit costs.
  • November 2016
    Smith & Nephew recalls 2,000 Modular SMF and Modular Redapt Revision Femoral Hip Systems.
  • February 2017
    Eight people injured by Smith & Nephew hips ask a federal panel to combine their lawsuits into an MDL.
  • April 2017
    U.S. Judicial Panel on Multidistrict Litigation combines 28 lawsuits over BHR system into an MDL.
  • April 2019
    The MDL grows to 609 lawsuits.
Show More

Recalled Models Named in Lawsuits

Smith & Nephew hip implants named in lawsuits have been the subject of hip replacement recalls or reports of serious complications such as loosening, fractures or the need for revision surgery. At least five models have been the subject of individual lawsuits since 2013. The BHR system is the only one currently involved in a mass litigation.

Smith & Nephew Hip Model Problems Reported
Birmingham Hip Resurfacing (BHR) System Infections, fractures, dislocation, metallosis, pseudo-tumors and other issues requiring revision surgery
R3 Acetabular System Reports of loosening, pain, device failure, infection, metal sensitivity and dislocation associated with the device
Modular SMF “Higher than anticipated complaint and adverse event trend”
Redapt Revision Femoral System “Higher than anticipated complaint and adverse event trend”
Emperion Hip System Reports of failures resulting in fractures and need for revision surgery

Feds Claimed Company Paid Kickbacks, Broke Contract

Smith & Nephew has paid more than $40 million to settle past claims of wrongdoing brought by the U.S. Department of Justice.

In 2007, the company paid $28.9 million to resolve an alleged kickback scheme. The federal government had accused the company of paying doctors to use its devices.

In 2014, Smith & Nephew settled another case with the federal government for $11.3 million. The lawsuit involved devices sold to Veterans Affairs hospitals. The contract required components be made in the U.S.

The federal investigators claimed Smith & Nephew passed off Malaysian-made implants claiming the devices were made in America.

Please seek the advice of a medical professional before making health care decisions.