The 11th US Circuit Court of Appeals
upheld a $2.1 million judgment by a jury in the first bellwether trial in a
multidistrict litigation involving the Wright Medical Conserve “metal-on-metal”
hip replacement device. Wright today faces approximately 585 lawsuits in an MDL
over its metal-on-metal hip replacement in Wright Medical Technology, Inc.,
Conserve Hip Implant Products Liability Litigation.
The jury found that the hip
devices were defectively designed and unreasonably dangerous and that it caused
the plaintiff’s injuries. They awarded $1.1 million in compensatory damages and
$10 million in punitive damages. The punitive damages award was later reduced
to $1.1 million by the judge.
In related litigation, Wright
settled 1,292 claims in November 2016 in consolidated litigation in Georgia
federal court and California state court for $240 million, putting an end to
the majority of the pending claims against Wright.
Patients who had revision
surgery within eight years of their original Conserve, Lineage or Dynasty hip
implant are eligible for the settlement. Conserve Cup devices claims can
receive up to $170,000, while those patients implanted with the metal-liner Dynasty
and Lineage devices can receive up to $120,000 – per reports.
Wright is also facing 74
lawsuits involving fractures of its Profemur long titanium modular neck hip
device. It has been marketed by MicroPort Orthopedics, Inc. of Arlington, TN,
since 2013. On June 21, 2016, MicroPort recalled its Conserve
Shell, Dynasty® Metal Liner, Procotyl® Metal Liner and Lineage® Metal
Liner because of “an increasing overall trend in revisions from 2009 to
present, and it was found that there was a specific hazard/harm for “suspected
tissue reaction to metal debris.”
If you or a
loved one have had hip replacement surgery and have been implanted with a
defective hip, you may be entitled to compensation for medical bills, pain and
suffering, lost wages and other injuries. Our firm is currently investigating
claims for those people who have been implanted with hip replacement devices,
including Wright, DePuy ASR, and DePuy Pinnacle. If you would like a free case
evaluation, please contact Booth Samuels toll free at 1-866-515-8880 or by
email at booths@pittmandutton.com.