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In re: Stryker LFIT V40 Femoral Head Products Liability Litigation

In re: Stryker LFIT V40 Femoral Head Products Liability Litigation

For more information, please contact The Ahearne Law Firm, PLLC for an initial consultation and case evaluation. Call nationwide at (845) 986-2777.

Stryker’s LFIT V40 Anatomic CoCr Femoral Heads are made of a cobalt and chromium alloy and were designed to offer surgeons the intra-operative flexibility to better match patient anatomy and restore natural movement to enhance hip stability, minimize dislocation and maximize range of motion. The heads are used in combination with several of modular hip implants, including:

  • Accolade TMZF
  • Accolade 2 Stems
  • Meridian Stems
  • Citation Stems

More than 100,000 LFIT V40 components may have been implanted in patients.

Recall

As mentioned in our October 16, 2016 and December 22, 2016 blog posts, Stryker Orthopaedics issued an urgent voluntary medical device recall on August 29, 2016 related to the Stryker LFIT Anatomic CoCr V40 Femoral Heads manufactured prior to 2011. Stryker’s recall notification did not provide information regarding follow-up treatments for patients implanted with the recalled LFIT V40 femoral stems, leaving hip implant recipients who did not otherwise have hip implant failure symptoms with no choice but to take a blood test to check cobalt and chromium levels in the body to discover if their devices may be failing.

New Jersey Lawsuits

As early as 2014, Stryker had been sued in several failed hip replacement lawsuits relating to the Accolade TMZF hip stem used with the LFIT Anatomic V40 Femoral Head. All of the lawsuits were brought in New Jersey’s Bergen County Superior Court and alleged that the titanium material of the hip stem did not maintain structural integrity when used with the chromium and cobalt V40 femoral heads, thereby causing disassociation of the head from the hip stem, hip stem fractures, high levels of metallic debris in the bloodstream (metallosis), poor range of motion, loss of implant and/or bone fixation strength, debris from excessive wear, low tissue tension and noise. Accordingly, patients suffered injuries including loss of mobility, pain, inflammation, adverse local tissue reaction, dislocation, joint instability, broken bones, leg length discrepancy, which necessitated painful revision surgeries.

Multidistrict Litigation

As reported in our April 6th blog post, the United States Judicial Panel on Multidistrict Litigation (JPML) ordered the transfer of 33 pending federal lawsuits from 17 district courts, along with all future claims, asserting injury caused by HowmedicaOsteonics Corp.’s Stryker-branded LFIT Anatomic CoCR V40 femoral heads, a prosthetic hip replacement device, to the United States District Court for the District of Massachusetts to the court so that they can be coordinated before U.S. District Judge Indira Talwani (MDL No. 2768 – In re: Stryker LFIT V40 Femoral Head Products Liability Litigation).

Filed lawsuits allege that the titanium material of the hip stem did not maintain structural integrity when used with the chromium and cobalt V40 femoral heads, thereby causing disassociation of the head from the hip stem, hip stem fractures, high levels of metallic debris in the bloodstream (metallosis), poor range of motion, loss of implant and/or bone fixation strength, debris from excessive wear, low tissue tension and noise. Accordingly, patients suffered injuries including loss of mobility, pain, inflammation, adverse local tissue reaction, dislocation, joint instability, broken bones, leg length discrepancy, which necessitated painful revision surgeries.

Plaintiffs also claim that (i) the LFIT V40 Anatomic CoCr Femoral Heads head were defectively designed, manufactured and marketed by Stryker, resulting in serious and significant injuries to consumers, (ii) Stryker knew for years that the LFIT V40 Anatomic CoCr Femoral Heads were defective and dangerous but instead chose to downplay the risk of using such device, (iii) Stryker failed to properly warn the hundreds of physicians implanting the devices into thousands of patients across the United States, and (iv) Stryker did not request that the failed affected femoral heads be returned.

In an April 21st order, Judge Talwani scheduled an initial status conference for May 16th and asked counsel in the lawsuits to file a status report identifying pending motions, including those to remand or dismiss, and specifying the state whose laws may govern said action.

Multidistrict litigation is the consolidation of many plaintiffs’ cases from federal district courts around the country into one federal district court to streamline discovery and pre-trial proceedings, improve judicial efficiency through avoiding redundant discovery and inconsistent court rulings, and conduct bellwether trials. The JPML which is located in Washington, D.C. and comprised of seven federal district court judges, decides whether to consolidate certain cases with other similar cases. The JPML also decides to which court and judge to transfer the cases. A bellwether trial is a preliminary, or “test” trial ordered by the federal court overseeing an MDL. These trials test jury reaction to a case or cases selected as representative of the MDL plaintiff pool. The outcome of an MDL’s bellwether trials may encourage an appropriate group settlement of all cases consolidated under that MDL.

#Stryker #LFIT #hip #implant

If you or a family member have a hip implant, or have had revision surgery to remove and replace a hip implant, you and/or your family member may be entitled to money damages.

For more information, please contact The Ahearne Law Firm, PLLC for an initial consultation and case evaluation. Call nationwide at (845) 986-2777.

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