Smith & Nephew had two metal-on-metal hip implant devices approved by the FDA in 2006, the R3 liner (R3) and Birmingham Hip Resurfacing (BHR) System. The R3 liner was FDA approved for use with the BHR system but not for total hip replacements. In 2001, Depuy Orthopaedics, a subsidiary of Johnson & Johnson, introduced the Pinnacle Acetabular Cup System to the market and in December 2005 their ASR XL Acetabular system became commercially available in the U.S. All of these devices are composed of metal and both have been associated with severe complications in patients including metallosis (high concentrations of cobalt and chromium metal ions in the blood), the development of pseudotumors (large masses formed in reaction to metal debris lodged in tissue), adverse local tissue reaction (including infection, swelling, death of healthy tissue), osteolysis (bone loss from inflammation due to an adverse reaction to metal fragments) and nervous system disorders including visual and auditory impairment. The R3 and BHR Smith & Nephew devices and DePuy’s ASR and Pinnacle systems have extremely high failure rates. Both of Smith & Nephew’s devices have been recall and the ASR system has been recalled by DePuy due to these failure rates and complications. DePuy’s ASR system was recalled in August 2010, the R3 Liner was recalled in June 2012 and the Birmingham Hip Resurfacing System was recalled in September 2015.
It is highly documented that Smith & Nephew R3 liners (R3) and their Birmingham Hip Resurfacing (BHR) System and DePuy’s ASR and Pinnacle systems have resulted in higher than expected failure rates, particularly in women. Because the components used in all these systems are composed of metal, the friction caused by them sliding against each other during everyday movement releases toxic metal debris and metal ions into the body. This can cause both metal toxicity and the hip implant to fail. Complications of metal toxicity are as follows:
These complications frequently require hip revision surgery, or the entire replacement of the metal-on-metal hip with a different type of material such as ceramic and titanium.
Smith & Nephew knew about the risks and complications associated with their metal-on-metal BHR system but did not inform patients or doctors about these risks or recall the product until 2015. S&N’s negligence caused numerous hip replacement patients to suffer from severe and painful complications related to their general health as well as the hip replacement surgery. As a result, they had to endure further extensive corrective surgical procedures to regain health and mobility.
DePuy had their ASR system voluntarily recalled in August of 2010 due to an abnormally high device failure rate and complications that resulted from the device’s metal-on-metal components. Despite the recall of their ASR system, the company continues to sell the metal-on-metal components in their Pinnacle line resulting in thousands of outstanding claims against the company.
If you or a loved one have experienced injuries or complications following a total hip replacement or hip resurfacing surgery involving a metal-on-metal hip implant device, we would like to speak with you. Please fill out the above form so you can protect your rights and we can learn more about your potential case.
At The Gori Law Firm, we have over 35 attorneys across 8 offices who have the complex litigation knowledge that is necessary to pursue your case. With a national reputation for excellence, you can rest assured that your case will be handled professionally, efficiently and effectively. With two locations in the St. Louis area, and several others throughout the U.S., our law firm handles cases nationwide.
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Attorney D. Todd Matthews is the leader of the The Gori Law Firm mass torts group. Mr. Matthews is a member of National Trial Lawyers Association, Madison County Bar Association, Missouri Bar Association Solo and Small Firm Committee, Missouri Association of Trial Attorneys, Member, American Association for Justice, American Association for Justice Leaders Forum, National Asbestos Mesothelioma Trial Lawyers, Bar Association of Metropolitan St. Louis. Additionally, he has served on numerous Mass Tort committees in the past and as lead counsel on the Granuflo Litigation in St. Louis City.
Attorney Megan Arvola works under Attorney Matthews on behalf of our injured plaintiffs in mass tort and personal injury litigation. Ms. Arvola comes to The Gori Law Firm, from the chambers of Chief Judge David R. Herndon of the Southern District of Illinois, where she served as a term judicial law clerk for three years. Prior to her federal clerkship, Ms. Arvola graduated from the University of Tulsa College of Law. In 2011, Ms. Arvola received a Burton Award for Legal Achievement, Distinguished Writing Award, in association with the Library of Congress.
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