DePuy Synthes 4.5mm VA-LCP Curved Condylar Plates are used to repair thighbone fractures above the knee. The devices are prone to breaking, forcing patients to undergo surgery and leading some to file lawsuits.
If your Depuy Curved Condylar Plate fractured or broke, and required revision surgery, you may be entitled to compensation. Injuries of a failed plate include:
Number of LawsuitsPotential lawsuits being accepted ahead of filing
Plaintiff InjuriesPlate breakage, bone fractures, revision surgery
DefendantsDePuy Synthes (a Johnson & Johnson company)
Bellwether Trial Date No date set
MDL LocationNo MDL established yet
Class-Action StatusNo class actions filed yet
Early stagesEarly stages
Top SettlementNo settlements or verdicts yet
Lawsuits over DePuy Synthes 4.5mm VA-LCP Curved Condylar Plate claim the manufacturers knew or should have known their product was defective but failed to warn patients of the dangers.
The femur (thighbone) implant devices use a stainless steel and titanium alloy plate and locking screws to hold together pieces of broken bone. But the plates themselves have broken in several cases, requiring surgery to remove the device and repair the thighbone.
Lawsuits over injuries from DePuy Synthes 4.5mm VA-LCP Curved Condylar Plates are still in the very early stages. People who believe the thigh implant injured them have been consulting with attorneys to determine if they have a case against DePuy Synthes.
A study of the DePuy Synthes thigh implants cited a consistent pattern of failure among plate that broke. The study, presented to the Orthopaedic Research Society’s 2017 conference, was sponsored in part by DePuy Synthes.
Complications of VA-LCP Curved Condylar Plate Failure
Revision surgery is the only way to treat complications from most broken DePuy Synthes 4.5mm VA-LCP Curved Condylar Plates. People who required additional surgery may be eligible to seek compensation for pain and suffering because of the injury as well as lost pay or wages as a result of the time they were unable to work.
People who file Curved Condylar Plate lawsuits claim DePuy Synthes manufactured and sold a defective product that caused their injuries.
Their lawsuits claim the company either knew or should have known their product was defective but failed to warn patients of the risks.
Lawsuits may also claim the thigh implants contained a design defect that DePuy Synthes failed to identify and correct before the device went to market.
A study of the DePuy Synthes thigh implants cited a consistent pattern of failure among plates that broke. The study, presented to the Orthopaedic Research Society’s 2017 conference, was sponsored in part by DePuy Synthes.
Revision surgery to remove the device and repair the thighbone is the only way to treat complications from most broken DePuy Synthes 4.5mm VA-LCP Curved Condylar Plates.
Because lawsuits over DePuy Synthes 4.5mm VA-LCP Curved Condylar Plates are still in the early stages, there have been no trials. There have been no large settlements or verdicts to date.
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As more people file lawsuits over the devices, there may be mounting pressure for the manufacturers to settle cases.
If enough lawsuits are filed, lawyers for the plaintiffs or the manufacturers may seek to have the lawsuits combined into a multidistrict litigation (MDL). These allow several similar cases to move together more quickly and efficiently through the legal system.
The manufacturers of the 4.5mm Curved Condylar Plate have paid billions in verdicts and settlements for other medical devices they make.
Synthes was the original manufacturer and won FDA clearance for the devices in 2009. Synthes merged with Johnson & Johnson subsidiary DePuy in 2011.
DePuy has faced thousands of lawsuits for different models of its hip implants. The company paid more than $4 billion to settle more than 9,000 lawsuits over its ASR hip replacements between 2013 and 2015.
Since 2015, three juries have awarded plaintiffs more than $1.7 billion dollars in a series of verdicts over its Pinnacle hip replacements. The awards in two of the verdicts were later reduced by judges due to camps on jury awards.
There are currently no class action lawsuits over DePuy Synthes 4.5mm VA-LCP Curved Condylar Plates. Class actions are rare for complex medical device litigation. They tend to be filed in cases where compensation would not make an individual lawsuit practical.
Unless a class action is filed, people injured by a DePuy Synthes thigh implant may have to file individual lawsuits to receive compensation.
Instead of class actions, people have been filing individual lawsuits over the devices. If enough lawsuits are filed, they may be combined in a multidistrict litigation or other consolidated litigation. These would allow plaintiffs to pool resources.
The FDA has received at least 203 adverse event reports about the DePuy Synthes 4.5mm VA-LCP Curved Condylar Plate since 2011. These include multiple reports of the device breaking.
A 2016 study published in the Journal of Orthopaedic Trauma reported “early mechanical failure” happened at a higher rate for devices like the Curved Condylar Plate.
A 2017 study presented to the Orthopaedic Research Society’s annual meeting cited a potential design flaw in the plates. Researchers looked at plates that had broken. They found a consistent pattern of failure between the same two screw holes in different sizes of the plates.
“We caution practicing surgeons against the use of this plate for metaphyseal fragmented distal femur fractures.”
- Researchers writing in the Journal of Orthopaedic Trauma, January 2016
Please seek the advice of a medical professional before making health care decisions.
Terry Turner is an Emmy-winning, former television journalist. He is an associate member of the American Bar Association, the ABA’s Health Law group and a member of the Alliance of Professional Health Advocates. He holds six certificates in Health Literacy for Healthcare Professionals from the Centers for Disease Control and Prevention. As a Washington-based investigative reporter, he routinely reported on health and medical policy issues before Congress, the FDA and other federal agencies. Terry received his B.A. in Media Arts from Lyon College.
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