Category

Metal on Metal Hip Replacement

Zimmer Kinectiv Hip Implant Trial Ends in $2 Mil. Verdict for Injured Plaintiff

By | Defective Medical Devices, Metal on Metal Hip Replacement | No Comments

Plaintiff awarded more than $2 million in Zimmer Kinectiv hip replacement case decided at trial. He is represented by Boca hip replacement lawyer Joe Osborne.

 

In what is believed to be the first case involving a Zimmer Kinectiv hip implant system that went to trial, the judge found the defendant responsible for the plaintiff’s injuries, awarding him more than $2 million. After a two-week trial in Albuquerque, New Mexico, the judge found that the hip implant was a defective product and it caused a number of injuries to the plaintiff, Michael Brian McDonald, PhD.

Joseph Osborne, Jr., of Osborne & Francis in Boca Raton, Fla., represents Dr. McDonald, along with other plaintiffs around the country suing hip implant manufacturers due to injuries caused by the devices. “We are very happy for Dr. McDonald and satisfied that our efforts lead to compensation for all the serious medical problems, pain and suffering he needlessly had to endure and will continue to endure,” Osborne says.

Osborne tried the case with Randi McGinn and Allegra Carpenter of McGinn, Carpenter, Montoya & Love, P.A., of Albuquerque, N.M. There are a number of cases filed against Zimmer because alleged defective implants have caused injuries to patients.

In a 27-page decision filed on March 31, New Mexico Judge Nan G. Nash found that,

  • McDonald was implanted with Zimmer’s M/L Taper Hip Prosthesis with Kinectiv Technology in June 2010. Due to problems with the hip implant another surgery took place in October 2011 to replace it, then a third surgery was needed a month later for another replacement.
  • McDonald was poisoned by metallic particles (metallosis) from the replacement hip. Tissue in the hip area was so injured it couldn’t be surgically removed and it poses an ongoing threat of infection for McDonald, who his expected to continue to take antibiotics for the rest of his life.
  • The Zimmer hip replacement system limited McDonald’s functions, caused him pain, infections, multiple surgeries and although he’s currently is doing well, another hip replacement surgery may be needed at some point in the future.
  • A hip implant should not cause metallosis. A small amount of non-toxic corrosion or metal debris may occur with a hip implant, but one that causes enough corrosion or metal debris to cause toxic metal poisoning, as in Dr. McDonald’s case, creates an unreasonable risk of injury.
  • Zimmer didn’t fully or adequately test the hip implant components implanted in Dr. McDonald and because of the unreasonable risk of metallosis the hip replacement was found to be defective product and it created an unreasonable risk of harm to McDonald because it allowed the liberation of enough metal debris to injure his hip joint.

The total damages award, which doesn’t include punitive damages, totals $2,027,424.91. It includes,

  • $1 million for past and future pain and suffering,
  • $480,000 for lost enjoyment of life, and
  • $462,034 for past and expected future medical expenses.

“Dr. McDonald is just one of thousands of people who have suffered through defective hip implants made by various manufacturers. We have a lot of work to do for all our other clients and look forward to telling their stories and fighting for just compensation for what they’ve had to go through,” Osborne says.

If you or a family member have any questions about defective hip implants or have suffered injuries because of the Zimmer, or other, hip implant, contact Boca Raton hip replacement lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Press Contacts:

Joe Osborne
josborne@realtoughlawyers.com
561-800-4011

Dennis Faulkner
dfaulkner@realtoughlawyers.com
561-800-4011

Update On Stryker Hip Lawsuits

By | Defective Medical Devices, Hip Replacements, Medical Products Lawsuit, Medical Products Liability, Metal on Metal Hip Replacement, Stryker Hip Replacement | No Comments

Update on Stryker Hip Lawsuits

With compensation payments under the Stryker hip replacement settlement agreement almost complete, what’s next for other victims of the ABG ii modular-neck hip stem and rejuvenate modular-neck hip stem devices?

A settlement arrangement for damage caused by these products was reached late last year that covered eligible claimants who underwent revision surgery prior to November 2, 2014. Originally, these patients were only given a few weeks to enroll, though the deadline was extended many times, finally closing on April 16, 2015. Stryker informed the courts on June 12, 2015 that 95% of patients who were eligible to file under the settlement had enrolled in the program. Stryker estimated that payment distributions, which will likely exceed $1.4 billion, would be completed this fall.

By no means has the chapter closed on this issue, however. Patients continue to experience problems, and there are certainly many other potential victims out there that were not eligible for the recently closed settlement program.

Patients continue to experience problems due to Stryker’s hip implant products

The U.S. Judicial Panel established multidistrict litigation in June 2013 for ABG II and Rejuvenate lawsuits in U.S. District Court for the District of Minnesota. MDL 13-2441 occurs on a federal level. Patients throughout the United States who wish to bring federal claims against Stryker for damages they have suffered due to the company’s hip implants are typically transferred to this centralized multidistrict litigation.

The initial settlement program, that is now closed, paid compensation to about 4,000 claimants. But approximately 20,000 patients received ABG II or Rejuvenate hip implants. In January, more than 2,000 cases were pending as part of MDL 13-2441, and the numbers make it evident that new claimants will continue to file for yet some time. It’s not yet known whether the company will enter into a new settlement agreement to establish a program to address the yet uncompensated victims of their products. But the Stryker 2015 third quarter market report demonstrates that the company appears to be operating strongly with increasing net sales.

At Osborne & Associates, P.A. our team of medical products and device liability attorneys are skilled in handling complex medical device injury claims, such as Stryker hip replacement injuries. We understand these multi-jurisdictional cases and our combined experience spans more than five decades. If you or someone you care about has experienced problems due to a Stryker hip implant device, please call us at 561-293-2600 or contact us online to discuss your case in-depth.

Stryker Hip Replacement Cases Find Way to Court

By | Defective Medical Devices, Hip Replacements, Medical Products Lawsuit, Medical Products Liability, Metal on Metal Hip Replacement, Stryker Hip Replacement | No Comments

Problematic Hip Replacement Cases Find Way to Court

Osborne & Associates Law Firm, P.A. takes its first Stryker hip replacement failure case to trial

Boca Raton, FL.—A surge of newly filed lawsuits across the country are drawing attention to legal issues involved specifically around Stryker hip replacements. Osborne & Associates Law Firm, P.A., a leading mass tort law firm in Boca Raton, Florida sends its first Stryker hip case to trial this December.

Stryker voluntarily recalled its Rejuvenate, ABG II and Accolade modular-neck hip stems in 2012 after the implants showed signs of corroding and fretting, according to DrugWatch. Severe, crippling pain has led patients to mandatory revision surgeries. In addition to the discomfort, the Stryker hip replacement failures have been found to cause metal poisoning and can lead to medical concerns for the heart, nervous system and thyroid.

So far, thousands of lawsuits have been filed against the manufacturer. Some of the cases filed against Stryker include:

  • Failure to properly test the device
  • Failure to market the product correctly to doctors and the public
  • Failure to warn about dangers and risks
  • Product corrosion, leaving metal toxicity in patients

Stryker has a responsibility to supply properly designed products with warnings about risks to the public. According to Stryker, the combined recall and lawsuits could cost the company as much as $1.3 billion. Injured victims may be compensated for:

  • Medical expenses involving hip replacement
  • Healthcare and caregiver costs
  • Physical or mental pain and suffering
  • Loss of consortium or any other punitive damages

The Boca Raton attorneys at Osborne & Associates Law Firm, P.A have extensive experience successfully litigating even the most challenging cases, helping clients determine if and when to file a Stryker hip replacement lawsuit. Previously, they have helped numerous clients recover lost wages, pain and suffering and medical bills after faulty devices produced by Wright Medical caused similar medical concerns. Other successful recovery stories Osborne & Associates boasts include cases fought against the Fresenius Medical Care manufacturer for GranuFlo, a dialysis treatment product and Bair Hugger Therapy products used to treat hypothermia during surgery.

If you have a Stryker hip replacement and need help, call Osborne & Associates Law Firm, P.A. at (561) 293-2600 or visit their website at oa-lawfirm.com to schedule a free consultation. Each case is strategically crafted to help victims recover substantial compensation for their injuries. In addition to medical device litigation, the firm covers cases involving products liability, personal injury and medical malpractice.