Hip Replacement Lawsuits

Since 2002, hip manufacturers have paid more than $7.5 billion to settle thousands of hip lawsuits. Recent jury verdicts against manufacturers have totaled more than $1.7 billion. But courts have tossed out or reduced many of those.

While most lawsuits involving metal-on-metal hip implants have been resolved, more than 14,000 hip cases were still pending across the country as of July 2019.

Lawsuits over Stryker’s LFIT V40 femoral head and Smith & Nephew’s BHR and R3 hips have only recently been consolidated in federal and state courts. And law firms have just begun evaluating cases involving Stryker’s Tritanium Acetabular Shells, which are prone to loosen and fail. Meanwhile, trials over DePuy’s Pinnacle hips are still underway, with some verdicts on appeal.

Most large hip replacement actions involve metal-on-metal designs. They were supposed to be more durable, but lawsuits claim the devices shed microscopic amounts of chromium, cobalt or other metals into the body.

According to complaints, the design flaw caused a condition called metallosis, which destroys bone, muscle and other tissue. In addition to creating immediate health problems for the patient, the condition can weaken an implant and cause it to fail.

Lawsuits say several other complications occurred as a result.

Metal-on-metal implants became popular throughout the 2000s but quickly fell out of favor as reports of complications mounted. This led to hip replacement recalls, lawsuits and FDA actions. In 2016, the FDA strengthened the approval process for metal-on-metal hips.

Not all metal-on-metal hip models with high complication or failure rates were recalled. Manufacturers simply removed some of them from the market. DePuy’s Pinnacle hip was never recalled. But the largest jury verdicts in hip lawsuits have involved Pinnacle hips.

Six companies dominated the metal-on-metal hip implant market and have been involved in the largest lawsuits. Zimmer acquired Biomet for $13.3 billion in 2015. The merger gave Zimmer Biomet a major share of the $45 billion musculoskeletal implant industry. Wright Medical no longer makes hip implants. This leaves four companies with the lion’s share of this market in the U.S.

Depuy Orthopaedics

DePuy has settled thousands of lawsuits over its ASR Hip Replacements. But it faces more than 9,000 more lawsuits over its Pinnacle device. The U.S. Judicial Panel on Multidistrict Litigation combined the federal lawsuits in two separate litigations, known as MDLs. Settlements and jury verdicts in DePuy hip lawsuits total more than $6 billion.

Device: DePuy Pinnacle Hip Replacement

• Number of Lawsuits: 10,176 filed, 9,893 still pending as of July 2019
• Litigation Location: Northern District of Texas
• Verdicts: March 2016 – $502 million (thrown out on appeal, retrial expected)
  December 2016 – $1 billion (reduced to $543 million)
  November 2017 – $247 million (reduced to $245 million)
• Status of Lawsuits: Active and on appeal

Device: ASR Hip Replacements

• Number of Lawsuits: 10,237 filed, 1,434 still pending as of July 2019
• Litigation Location: Northern District of Ohio
• Settlements: 9,800 settled for $4.42 billion between 2013 and 2015
• Status of Lawsuits: Settled but the MDL remains active

Smith & Nephew

The U.S. Judicial Panel on Multidistrict Litigation grouped the first Smith & Nephew lawsuits into a single litigation in 2017. The cases are still in the early stages.

Devices: BHR and R3 Hip Implants

• Number of Lawsuits: 609 filed, 587 still pending as of July 2019
• Litigation Location: District of Maryland
• Verdicts/Settlements: No verdicts or major settlements yet
• Status of Lawsuits: Active, pre-trial stages

Stryker

Stryker hip lawsuits have targeted several of the company’s products. Lawsuits over the Rejuvenate and ABG II hips were transferred to the same court. Those cases settled in 2014. More recently, the U.S. Judicial Panel on Multidistrict Litigation created a single litigation, or MDL, for cases involving Stryker’s LFIT V40 hip component. Stryker agreed to an initial settlement in those cases in November 2018. Law firms have recently begun accepting cases involving Stryker’s Tritanium Acetabular Shells.

Device: LFIT V40 Femoral Head

• Number of Lawsuits: 677 filed, 662 pending as of April 2019
• Litigation Location: District of Massachusetts
• Verdicts/Settlements: Initial settlement announced Nov. 2, 2018, details remained confidential
• Status of Lawsuits: Currently in settlement phase

Device: Rejuvenate and ABG II Hip Replacements

• Number of Lawsuits: 3,546 filed, 1,216 pending as of April 2019
• Litigation Location: District of Minnesota
• Settlement: $1.4 billion between 2014 and 2016
• Status of Lawsuits: Settled but the MDL remains active

Tritanium Acetabular Shells

• Number of Lawsuits: Unknown (firms are evaluating cases)
• Litigation Location: To be determined
• Settlement: None
• Status of Lawsuits: Early phase

Zimmer

In March 2016, Zimmer offered to settle lawsuits over its Durom Cup for $314 million. In May of that year, a court ordered that everyone with a case in the multidistrict litigation had to participate in the settlement process. In November 2018, a federal panel combined 21 new lawsuits over other components into an MDL in New York. The new lawsuits involved models of the company’s M/L Taper Hip Prosthesis used with Zimmer’s Versys Femoral Head.

Device: Durom Cup

• Number of Lawsuits: 750 filed,516 still pending as of July 2019
• Litigation Location: District of New Jersey
• Settlement: $314 million to settle all cases
• Status of Lawsuits: Settled but the multidistrict litigation remains active

Device: Zimmer M/L Taper Hip Prosthesis and Versys Femoral Head

• Number of Lawsuits: 113 as of July 2019
• Litigation Location: Southern District, New York
• Settlement: None yet
• Status of Lawsuits: Early stages of litigation, MDL created October 2018

Biomet

A settlement in more than 2,800 Biomet hip lawsuits came as the company merged with Zimmer in 2015. Zimmer absorbed some of the costs of settling the lawsuits, which had been combined in a multidistrict litigation.

Device: M2a Magnum Hip Replacement

• Number of Lawsuits: 2,883 filed, 190 still pending as of July 2019
• Litigation Location: Northern District of Indiana
• Settlements: Estimated $89.4 million between 2013 and 2015
• Status of Lawsuits: Settled but the multidistrict litigation remains active

Wright Medical

Some of the problems that led to Wright’s hip lawsuits didn’t show up until after the company sold its hip manufacturing division. In addition to metallosis-related complaints, people also sued over the devices loosening.

Devices: Conserve, Dynasty and Lineage Replacements and Related Components

• Number of Lawsuits: 640 filed, 73 still pending as of July 2019
• Litigation Location: Northern District of Georgia
• Settlements: $330 million between 2016 and 2017
• Status of Lawsuits: Settled; court ordered no new lawsuits may be filed

What complications are you experiencing from your hip implant?

Patients usually experience relief from pain or increased mobility after recovering from their hip replacement surgery, but sometimes, complications may occur. Complications may range from dislocation and change in leg length to bone fractures and metallosis.

When did you first start experiencing hip replacement complications?

Hip replacement complications can occur during surgery, immediately following the procedure or years later. Let your lawyer know when you first noticed complications.

When did you have your hip replaced?

Knowing when you had your hip replacement procedure could help your attorney determine whether you’re within the statute of limitations to file a lawsuit. The time limit for hip replacement cases varies depending on the state in which you live.

What company made your hip replacement device?

Lawsuits have been filed against DePuy, Stryker, Zimmer, Smith & Nephew, Biomet and Wright. You can contact the surgeon who performed your procedure if you don’t know who made your hip implant.

Did you undergo revision surgery to treat your complications?

Revision surgery can be a riskier procedure than the original hip replacement surgery, but it may be needed if the patient’s hip replacement wore out or they experienced complications from it. Complications such as blood clots, dislocations, fractures and device loosening can occur as a result of revision surgery.