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Smith & Nephew News: BHR Hip Implant Products Liability Multidistrict Litigation (MDL) & Modular SMF / Redapt and Tandem Bipolar Recalls

Smith & Nephew News: BHR Hip Implant Products Liability Multidistrict Litigation (MDL) & Modular SMF / Redapt and Tandem Bipolar Recalls

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

Smith & Nephew is a global medical technology business with approximately 15,000 employees and a presence in more than 100 countries. Annual sales in 2016 were almost $4.7 Billion. The following is the status of pending multidistrict litigation (MDL) and defective product recalls:

Multidistrict Litigation (MDL) 

2775 IN RE: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation
District of Maryland (Hon. Catherine C. Blake)

Plaintiffs in the BHR MDL have filed a master amended complaint in which they accuse Smith & Nephew of waiting to recall its metal-on-metal hip resurfacing prosthesis until 2015 despite being aware of the device’s unreasonably high risk of premature failure as early as 2007. In the amended pleading, plaintiffs allege Smith & Nephew misrepresented the safety of the BHR system to physicians and patients and violated premarket approval requirements by failing to report adverse events. The latest hearing on the MDL occurred on January 24th.

In April, the United States Judicial Panel on Multidistrict Litigation (JPML) created this MDL regarding the premature failure of the Smith & Nephew Birmingham Hip Resurfacing (BHR) System and R3 Acetabular System. The BHR was approved by the U.S. Food and Drug Administration (FDA) in May 2006 through its expedited Premarket Approval process for Class III medical devices, as one of the first metal-on-metal hip replacement systems on the market, designed relieve pain and improve hip joint function. Smith & Nephew has faced litigation involving its hip implants since 2010. The company later withdrew the BHR device from the U.S. market in June 2015 due to similar high failure rates, particularly in women and in patients with smaller hip joints.

The lawsuits consolidated into the MDL share factual questions concerning the design, manufacture, marketing or performance of Smith & Nephew’s BHR system, and allege that (i) they have suffered pain, adverse local tissue reaction, pseudotumors, bone and tissue necrosis, metallosis, or other symptoms, often necessitating revision surgery, (ii) the FDA approval of the BHR required Smith & Nephew to meet several post-marketing surveillance and reporting requirements that were designed to ensure that in real-world use, the hip replacement system was safe and effective, and (iii) the manufacturer has failed to do so, claiming that Smith & Nephew knew for years about reports of complications with Birmingham hip resurfacing, including revision surgeries and failures, yet failed to adequately inform the doctors or patients.

Recalls

Smith & Nephew Modular SMF and Modular Redapt Femoral Hip Systems Recall

In November 2016, Smith & Nephew recalled its Modular SMF and Modular Redapt hip implants “due to a higher than anticipated complaint and adverse event trend” with the modular necks used in the devices. Smith & Nephew also recalled the corresponding hip stem components.

The Modular SMF and Modular Redapt Hip System was approved for sale in 2008 and 2012, fast tracked through the FDA’s 510(k) process. Both implants have a modular cobalt chrome neck pieces that fit into titanium coated metal stems. Orthopedic doctors use the SMF model for primary and revision hip surgery and the Redapt model for revision surgery alone. Implants affected by the recall include those shipped from October 2008 through 2016.

According to Smith and Nephew, the metal-related injuries caused by the SMF and Redapt hips continued to increase with time.The SMF and Redapt hip implants have titanium coatings and use cobalt-chromium neck stems. Cobalt-chromium hip implants have been shown to release cobalt and chromium ions into the body leading to metallosis. Smith & Nephew found “patients implanted with the modular neck hip prostheses may be at greater risk of revision surgery than with comparable monolithic products.”

Smith & Nephew Tandem Bipolar Hip System Recall

On August 29, 2016, Smith & Nephew recalled certain batches of its Tandem Bipolar Hip System in the United States due to a retainer groove that is out of specifications that can cause the artificial hip joint to disassemble, usually within the first few weeks of surgery. This necessitates painful revision surgery to remove and replace the defective artificial joint and treat injuries caused by the implant failure. Smith & Nephew stated that the defect will be discovered before the device is implanted in most cases as surgeons will notice that the device did not assemble properly. All unused units have been recalled.

Other Smith & Nephew News

In 2017, Smith & Nephew added total joint replacements to the Navio handheld robotic-assisted technology platform. The company went on later in the year to report the first successful robotic-assisted bi-cruciate retaining total knee replacement procedure with the Navio system. Smith & Nephew offers the world’s first and only commercially available robotics-assisted bi-cruciate retaining knee procedure. Additionally, Smith & Nephew acquired Rotation Medical with hopes of expanding its biologics business. With all of these launches and acquisitions, Smith & Nephew saw a 3% jump in revenues during the 2017 third quarter. The company’s CEO plans to resign at the end of 2018.

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If you or a family member have suffered injury from an orthopedic medical device such as a hip, knee or shoulder implant, you and/or your family member may be entitled to money damages.

We take your calls and meet with your family personally to answer all your questions. We will press your insurance company for the coverage you are entitled to and help you recover the compensation you deserve. Personal injury cases require a wealth of experience, and a network of proven experts, including doctors and medical experts, accident recreation experts, insurance investigators, private investigators, and the resources necessary to fight large insurance companies.

All of our personal injury cases are contingency cases, which means you pay nothing out of pocket and we do not get paid unless you get paid.

The Ahearne Law Firm, PLLC
Offices in Manhattan and Warwick, New York
Serving New York City, Orange County and the Hudson Valley
Mass tort lawsuits handled nationwide, including the national prescription opiate litigation, Stryker Rejuvenate / ABG II hip implants and LFIT V40 femoral head, DePuy Pinnacle and ASR hip implants, Smith & Nephew BHR hip implant, and ZimmerBiomet Durom Hip Cup and M2A Magnum hip implant
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For more information, please contact The Ahearne Law Firm, PLLC for an initial consultation and case evaluation. Call nationwide at (845) 986-2777.