Jury Orders Wright Medical to Pay $11 Million in Bellwether Over Metal Hip
Wright Medical Technology has been hit with an $11 million verdict in the first federal bellwether trial involving the Wright Conserve metal hip implant. More than 500 similar lawsuits are pending in the federal multidistrict litigation (MDL).
Port Washington, USA – December 1, 2015 /PressCable/ —
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices, is commenting on recent litigation involving the Wright Conserve hip implant. According to court documents, a Georgia jury handed down an $11 million verdict against Wright Medical Technology in the first federal bellwether trial over the Conserve hip device. The verdict consisted of $1 million in compensatory damages and $10 million in punitive damages. The case is in the U.S. District Court, Northern District of Georgia (Case No. 13-00297).
Court records indicate that the trial lasted two weeks and concluded on November 24, 2015. The lawsuit was filed on behalf of a woman who was implanted with the Conserve hip, a metal-on-metal implant, in 2006. She was subsequently diagnosed with a loosened and displaced acetabular cup and underwent surgery in 2012. During the surgery, the lawsuit alleges, the surgeon discovered signs of metallosis (metal poisoning) causing soft tissue damage. The lawsuit alleges the device was designed defectively and that the company failed to warn about the risks.
There are more than 500 similar lawsuits pending in the federal multidistrict litigation (MDL). The MDL is In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL No. 2329. The plaintiffs involved are individuals who were implanted with the Wright Conserve Total Hip Implant System, Conserve Total A-Class Advanced Metal Hip Implant System, and the Conserve Resurfacing System. These lawsuits all similarly allege that the metal-on-metal design of the Wright hip implant devices and systems caused complications such as pain, swelling, tissue damage, metallosis, and other injuries. A number of recipients underwent revision surgery to remove the failed implant and undergo implantation with a different device.
Parker Waichman comments that thousands of lawsuits have been filed against multiple metal hip device makers, including Johnson & Johnson’s DePuy Orthopaedics and Stryker Orthopaedics.
“Metal-on-metal hip implants, such as the Wright Conserve hip have come under scrutiny due to growing injury reports and emerging evidence in the medical literature pointing to increased risks for adverse reactions,” said Daniel C. Burke, Senior Litigation Counsel at the firm. “Evidence reveals that these devices ay lead to serious complications when the metal surfaces of the implant rub together during normal patient activities, such as walking.”
The firm comments that the outcome of bellwether trials are often indicative of future litigation outcomes in MDLs, which are established to make large, complex litigation more efficient. “The jury sent Wright Medical a strong message through their verdict,” noted Mr. Burke. “Their decision may have a powerful impact on the remaining cases.”
Court documents also show that hundreds of lawsuits have been filed against Wright Medical Technology over its Profemur Hip Replacement System. The first trial over the Profemur concluded in June 2015, when a California jury found that the hip implant was designed defectively and awarded $4.5 million in favor of the plaintiffs; the award was comprised of $4 million for past and future pain and suffering while $500,000 was awarded to the plaintiff’s wife. The case was in the California Superior Court (Case No. BC475958).
“The firm represents numerous clients who have been implanted with metal-on-metal hip devices,” said Mr. Burke. “Parker Waichman continues to be contacted by prospective clients who have questions about their legal rights concerning these devices and potentially related alleged injuries.”
Parker Waichman LLP continues to offer free legal consultations to victims of injuries allegedly caused by metal-on-metal hip implants. To discuss possible injuries related to these devices, including premature failure of, or other health problems associated with a metal-on-metal hip implant, please contact the Firm at its Defective Hip Implant page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).
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