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Metal-on-metal hip patients’ legal claims clear the hurdle to proceed in Maryland federal court

| Aug 6, 2019 | Drug & Medical Device Injuries |

In an order issued Monday, August 5, 2019, Judge Catherine Blake ruled that claims against medical device manufacturer Smith & Nephew will continue in litigation in the Maryland Federal Court.

Lawsuits against Smith & Nephew for injuries allegedly caused by their metal-on-metal hip implants were consolidated in Maryland in 2017. This consolidation occurred years later than claims against other manufacturers, such as DePuy Orthopaedics and Biomet, Inc., because parts of the Smith & Nephew Birmingham Hip Resurfacing (BHR) System went through a more rigorous approval process in front of the Food and Drug Administration (FDA).

In recent years, information came to light showing that Smith & Nephew may not have complied with requirements of the Pre-Market Approval (PMA) process, including post-approval studies to monitor the safety of the devices.

PMA approval can serve to shield medical device products from individual litigants seeking compensation for injuries. Yesterday’s ruling centered on use of the BHR components in total hip replacements, where the PMA-approved device components were used in combination with other Smith & Nephew products, in configurations that were neither tested nor approved by the FDA. Smith & Nephew argued that the cases should be preempted because one component of the hip devices, the metal liner, was PMA-approved.

Judge Blake found that the single liner component was PMA-approved and claims regarding the liner alone are preempted. However, claims alleging injuries resulting from the device configuration as a whole are not barred from moving forward based on the inclusion of a single PMA-approved component within the device.

Metal-on-metal hip implants came on the market in the early 2000s as the “latest-and-greatest” technology in joint replacements. In reality, studies going back at least to the 1970s showed serious problems with the metal-on-metal devices shedding metal ions that could enter the surrounding tissue and blood stream. Despite these studies, and in the face of more recent studies with similar conclusions, manufacturers like Smith & Nephew heavily marketed their metal-on-metal hip implants with great success (and profit).

The Smith & Nephew BHR metal-on-metal hip was on the market until 2015 when certain sizes were recalled for high revision rates.

Individuals who received metal-on-metal hip implants may suffer from a myriad of health consequences linked to the devices, including pain, rashes, tinnitus (ringing of the ears), and cardiac problems. Tissue damage can occur to the bone and soft tissue surrounding the hip joint, resulting in complicated revision surgeries.

The attorneys at Egerton Law have been closely involved in litigation against many of the major metal-on-metal hip manufacturers, including Smith & Nephew. If you have any questions about this ruling, we are happy to talk with you.

Metal-on-metal hip patients who have undergone a recent revision surgery, or who are facing one in the near future, should act now to protect your legal rights against the manufacturers. If you or someone you know may have an injury claim related to a metal-on-metal hip implant, call Egerton Law today at 336-814-2126 or complete a web contact form and we will call you.

Has your life been disrupted by problems with a malfunctioning medical product? Do you or someone you know need the advice of a lawyer specializing in defective medical devices? You can get help at the Egerton Law website. The Egerton Law firm and its personal injury attorneys want to help you. Call us at 336-273-0508 or 800-800-4LAW. E-mail us at [email protected]

Facts about the Egerton Law firm:

• We have built a tradition of helping injured people and their families since the firm was established in 1956.

• We have handled cases in North Carolina, South Carolina, Texas, New York, the District of Columbia, the North Carolina Supreme Court, and U.S. District Court. We have fought cases all the way to the United States Supreme Court.

• Our team of lawyers are dedicated to fighting insurance companies and corporate giants that seek to increase their bottom line at the expense of injured people.

Are you being:

• Pressured to agree to reimbursement for “reasonable” or “out-of-pocket” medical expenses?

• Pressured to sign document you don’t understand? (Don’t sign anything without consulting us.)

• Told to submit bills for medical services to your insurance company or Medicare, and you will be reimbursed later?

Take action and help us to help you. Call or email: 336-273-0508, 800-800-4LAW, [email protected]​. We can advise you on whether you have a case and the process for getting medical care. You will always speak to an attorney on your first call.