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Lawsuit updates for metal on metal hips

Hip implants are touted as life-changing medical advancements designed to improve an individual’s quality of life. Unfortunately, in some cases patients suffer more pain and discomfort than expected from the devices. This is due to toxic poisoning from defective, metal on metal implants. It is commonly a result of Cobalt Chromium Toxicity. Thousands of hip replacement patients are discovering their hip implants are releasing cobalt and chromium particles into their bodies, whether or not they have symptoms.

The primary hips associated with this complication include Stryker Accolade, Stryker Rejuvenate, Stryker ABG IIDePuy Pinnacle, DePuy ASR,  and Biomet M2A Magnum.

Settlements continue for the following metal on metal hips:

Stryker

Stryker Orthopaedics announced a Settlement Agreement on November 3, 2014. The Stryker Hip Settlement Program may provide compensation to eligible patients who underwent revision surgery, replacing their ABG II Modular Neck Hip Stems and/or Rejuvenate Modular Neck, before November 3, 2014. Additionally, patients who cannot undergo revision surgery are possibly entitled to compensation; if the procedure was contraindicated for the patient prior to November 3, 2014.

The Stryker Modular Hip Settlement registration requires patients implanted with a Rejuvenate Modular hip or an ABG II Modular hip to submit basic information, pursuant to a court order. The court-ordered process applies to individuals regardless of whether they filed a claim or lawsuit, whether or not they underwent a qualified revision surgery (implant was removed before November 3, 2014), and whether or not they have legal representation. The registration process ended as of December 19, 2014.

You are not required to join the Settlement Program if you registered. However, if you intend on enrolling and participating in the Settlement Program, registering with the Claims Processor is not the same as enrolling in the Settlement Program. You will need to complete and submit an enrollment claim form as part of the separate Enrollment Process if you want to enroll in the Settlement Program. The Enrollment Process opens on January 16, 2015 and ends on March 2, 2015.

http://strykermodularhipsettlement.com/

DePuy

DePuy Orthopedics announced on November 19, 2013 they were initiating a voluntary settlement program in an effort to resolve approximately 8,000 lawsuits filed against them from the recall of their DePuy ASR prosthetic hip. Under the program, individuals who underwent revision surgery of their DePuy ASR hip prior to August 31, 2013 will receive a “base award” of $250,000 to settle their claims against DePuy. The base offer can adjust downward for a variety of health factors including the plaintiff’s age,  the plaintiff’s smoking history, the plaintiff’s weight, and the length of time the implant was present prior to removal.

Under the program, there is a separate fund available to provide adjustments upward for individuals who underwent two revision surgeries or complications following their revision surgery.  The extent of upward adjustments is extremely complicated and is based on a variety of individual factors.

The settlement does not impact or affect your rights if you have not had your ASR hip revised.  The unrevised cases will continue to go forward. Eligible individuals had until Sept. 30, 2014 to potentially claim $250,000 or more from the DePuy ASR Hip Settlement Program.

https://www.usasrhipsettlement.com/

Wright Profemur and Conserve Plus

On September 15, 2014, approximately 800 claims regarding the Conserve hips were filed against Wright Medical Technology Inc. in the ongoing multidistrict litigation (MDL) in U.S. District Court, Northern District of Georgia (In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL No. 2329). As trial proceeds, filings continue to grow on behalf of individuals who suffered painful injuries associated with the Conserve hips as well as the Profemur hip replacements. The injuries sustained from the Conserve metal-on-metal hips include early device failure, femoral neck fractures, and metallosis.

The Wright Profemur and Conserve Plus hip lawsuits allege the hips caused serious complications as a result of elevated levels of metal ions, like cobalt and chromium, released from the hips. Currently, the court has selected a case for the litigation’s first bellwether trial scheduled for March 2015.

Recent studies demonstrate patients implanted with the Wright Profemur and Conserve Plus hip replacement systems often experience early failure and femoral neck fractures. Specifically, both these devices are “metal on metal” hips and recently the subject of much controversy. Under certain conditions, metal on metal hips can release metal particles into the hip joint and surrounding tissue. When this occurs, patients may experience significant pain in the hip joint resulting from the body’s reaction to the metal particles released into the hip. This condition is known as “metallosis” and often results in permanent damage to the hip joint.

http://www.gand.uscourts.gov/12md2329

Biomet

Approximately 2,000 cases are currently pending in the Biomet M2A Magnum Multidistrict Litgation (MDL) underway in the U.S. District Court for the Northern District of Indiana. On December 9th, court documents showed the cases were filed on behalf on claimants who allege complications such as metallosis, pseudotumors, and other adverse effects secondary to the metal on metal design of the implant.

The court granted approval for a proposed settlement of the Biomet M2A Magnum lawsuits at the start of the year. The settlement would resolve hundreds of cases if finalized. The settlement terms were announced on February 3, 2014. Under the settlement, if plaintiffs underwent revision surgery (removing the hip) after the Biomet was implanted for more than 180 days from the index (initial) surgery, they are potentially entitled to a base award of $200,000. Court documents indicate the Biomet settlement would need to be accepted by 90% of eligible plaintiffs in order to be accepted.

http://www.innd.uscourts.gov/judges/RLM/MDL2391

Our attorneys have extensive experience litigating defective hip cases. We can answer any questions regarding these settlements and offer free case consultations. We will focus on your case, so you can focus on yourself. 

How Settlements Work in Defective Hip Litigation


Hi, this is Stuart Talley of Kershaw|Talley. I am the partner here responsible for the defective hip litigation. The reason I am doing this video today is to provide some information about the settlement of hip cases. Many people are calling us asking how hip cases will typically settle. Although it is difficult to provide specifics in any given case, there are some general guidelines I think most people can be aware of that apply in cases like this.

Settlements in hip cases are unique. Typically, there are thousands of cases pending. In the DePuy ASR litigation, there are approximately 14,000 cases. In the Stryker Rejuvenate litigation, there are about 6,000 cases pending. So, when you settle cases like this on a global basis, it is a lot different than settling an individual lawsuit. In these cases, the defendant and plaintiffs will have settlement discussions and try to agree on what the average case should settle for. Once you have that number, you can extrapolate a settlement fund; $2.4 billion was put into a settlement fund in the DePuy ASR litigation. Then, you have to figure out an easy, quick, and verifiable way to apportion the settlement proceeds to people who have a case.

Generally, there is a “formula”, grid, or some process created, where people with severe damages end up with more money than people with limited damages. The formula is also used regarding people with problematic cases that may be difficult to win because of prior health conditions, or other factors, versus cases where someone doesn’t have those issues. So, you have a formula or grid, and you might start off with a certain amount of money that a plaintiff receives if they had a revision surgery. Then you would take a deduction of a certain percentage if they were a smoker, or a deduction if they have weight issues, or there might be a deduction if they’re older patients. There are different deductions that may be rational based on what the defendants believe make a good case or a bad case, and others may not be rational. Typically, there is some kind of formula that’s created to either bring somebody down from the base award, or up from the base award.

Modifications that increase base award are usually for extraordinary injuries. For instance, say you had your hip replaced and 3 months later you are up and running, and have no residual, permanent injuries; you would get the base award. Whereas, you might get more than the base award if you ended up with dislocations after your revision, or you had an infection and had to have 2 more surgeries, or you end up with nerve damage and have a limp or drop foot for the rest of your life.

The most important thing to understand is that you do not have to take the settlements in these cases; these settlements are not done deals. The case is an individual for every person who has a case against a hip manufacturer. This means only the plaintiff can settle the case. So, if there is a settlement fund, a way of apportioning money, at some point your lawyer is going to contact you and say, “If you take this settlement, here is how much you will get.” At that point, you are free to either take or reject the settlement. But you are not required to accept a settlement that’s offered to you. If you reject the settlement, then your lawyer will continue litigating your case, and hopefully get a trial date in your case, or do something to move your case forward. So, defendants will hopefully pay more than what you might be awarded under a global settlement.

If you have a recalled or defective hip, a metal on metal hip, give us a call toll free at (888) 997-5170 whether or not your case is settled. We can provide you with information about how settlements work. We can also tell you at the end of the case whether we believe a settlement is adequate or not for you.

Biomet Hip Recall Settlement Update

Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing a status update on the Biomet Hip litigation.

Biomet is making a global settlement offer to everyone with a pending Biomet case. There are a lot of unknown details. However, we learned Biomet is offering to pay individuals with revised Biomet hips approximately $200,000 under this settlement. There are disclaimers in these categories: some people might get more or less depending on various factors. We are attending a meeting and will find out more about this settlement process. We believe this is positive development regarding this litigation.

If you have a Biomet hip, we urge you to contact an attorney immediately. Please contact us via the number on the screen or on our website.

Biomet Hip Recall Attorney: Biomet Adverse Reaction Study

Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing updates on the Biomet metal-on-metal litigation.

I am providing an update concerning recent developments about metal-on-metal hips. Recently, there was a scientific study issued from Finland concerning individuals with Biomet metal-on-metal hips. In the study, researchers evaluated the percentage of individuals with these hips experiencing adverse reactions to the metal particles.

The researchers measured serum cobalt and chromium ions in the patients’ blood, conducted radiology studies, like MRIs, and performed physical examinations. They looked at 78 patients with Biomet metal-on-metal hips. Subsequently, they categorized patients they thought were having an adverse reaction to the metal, or adverse reaction to metal debris. They discovered 46 of 78 (59%) patients suffered an adverse reaction to the metal particles.

If you have a metal-on-metal hip, it is important to get regular blood tests, undergo radiology studies, and keep up to date with your surgeon regarding your hip.

We represent hundreds of individuals with various metal on metal hips including Biomet. If you have any questions or concerns, please call us, toll free, at 888-635-3970 or visit our website www.defectivehipsettlementcenter.com and fill out the contact form for a free evaluation.

Defective & Dangerous Products

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The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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