Hip Replacement Contracts

Our Eligibility & Screening Criteria in Defective Hip Implant Cases

At Atraxia Media, we have built a solid process for supporting your firm in locating and signing potential Plaintiffs. From their first interaction with us until the moment they sign an engagement letter, we understand that client intake is an entire process that focuses on our clients' problems. The marketing strategy that allows us to effectively onboard clients who have been injured by a defective hip implant may be broken down into various stages:

• Pre-screening. To avoid the problems that come with clients who aren't a good fit for your organization, intake specialists focus on thoroughly pre-screening potential clients based on your criteria.
• Screening each case. We've developed a solid system for screening clients using your questionnaire to ensure they're a good fit for you.
• Following up with people who have been qualified by our intake department. We make it simple for potential clients to provide us with their information. It is critical to follow up with them to move them closer to becoming a client.
• Delivering signed contracts to your firm. Atraxia Media is there for you from the initial screening to the delivery of signed contracts.
• Helping your law firm get more clients. We can assist you in reaching a larger number of claimants.
• Running in-house marketing strategies that generate cases. Our marketing strategy ensures that no potential claimants are ignored.
• Delivering hip implants vetted contracts that are entirely exclusive to your law firm.

Patients may be eligible for settlement if they have:

• Received a hip implant since 2006
• Received notice that the hip implant was recalled
• Required metal blood testing for cobalt or chromium levels
• Undergone the revision of the cup, the head, the liner, or some combination thereof, of a hip implant component

The marketing strategy at Atraxia Media is focused on more than just getting potential new clients to fill out an intake form: it's a whole process of recruiting and signing new clients tailored to your specific needs. We do everything in-house, from the first interaction to the moment they sign an engagement letter: ad development, social media buying, and screening. Our in-house team only needs to know how many cases you require.

Hip Replacement Facts & History

Several different hip implants have been linked to increased failure and an increased complication rate. Tens of thousands of defective hip implant lawsuits have been filed throughout the U.S. Presently, five multidistrict litigation (MDLs) for hip implant cases are open, with over 13,000 lawsuits pending.

These lawsuits include:

• DePuy's Pinnacle
• DePuy's ASR
• Smith & Nephew BHR and R3
• Stryker LFIT V40
• Stryker Tritanium
• Stryker Rejuvenate and ABG II
• Zimmer M/L Taper
• Biomet M2a Magnum
• Profemur

BIOMET M2A MAGNUM HIP IMPLANT PRODUCTS, MDL NO. 2391

Location:

• Northern District of Indiana

Presiding Judge:

• Robert L. Miller, Jr.

Plaintiffs:

• Brenda Fulmer
• Navan Ward, Jr.
• Ahmed Diab

Defendants:

• John D. Winter
• John D. LaDue
• Erin Linder Hanig
• J. Joseph Tanner
• Andrew Campbell
• Adrienne Busby
• Stephanie Russo

Product:

• Biomet M2A Magnum Hip Implant

Plaintiff Allegations:

The plaintiffs request compensation for suffering personal injuries caused by the Biomet M2A Magnum Hip Implant, injuries consisting of metallosis, infection, blood poisoning, and injuries caused by device detachment and fracture, as well as for the failure of the manufacturer to warn of the serious complications which may arise from having this device inside their bodies.

Number of Lawsuits: 2,883 total actions filed in the MDL.

Settlements: Estimated $89.4 million in the period 2013-2015.

Status: MDL settled but remains active.

History:

2023:

• April: Johnson & Johnson's metal Pinnacle hip replacement device left a woman with heavy metal poisoning and forced her to undergo surgery to remove the defective implant, according to her lawsuit, which was filed in Washington state court.
• March: There are 344 active Stryker hip replacement lawsuits. The manufacturer agreed to a confidential LFIT V40 Femoral Head settlement in 2018. It paid $2 billion in 2014 to settle Rejuvenate and ABG II hip lawsuits. Attorneys are currently investigating complications with its Tritanium Acetabular Shells.

2022:

• August: Exactech expanded the hip replacement device recall to include all hip devices with polyethylene components packaged in defective bags. The FDA classified these as a Class II recall on September 9, 2022.
• April: Several of the 302 lawsuits relating to Zimmer's M/L Taper Hip Prosthesis were settled under a confidential settlement agreement. The plaintiffs, not wanting to be included, had to produce additional documentation before the Zimmer hip replacement pretrial proceedings.
• January: This medical malpractice lawsuit concerns a middle-aged man who underwent a total hip arthroplasty to alleviate his degenerative hip disease, but ultimately left him with a lower quality of life. Allegedly, the Stryker replacement device had leaked cobalt into his body, causing toxic levels of the substance to enter his bloodstream.

2021:

• 19 actions still pending in the MDL.

2020:

• In April, Judge Robert L. Miller decided to stay the cases until Nov 2, 2020, to allow the administration of a settlement program.
• The cases Jung v. Zimmer USA, Inc. and Logan v. Biomet, Inc. were remanded to their respective transferor courts.
• In August, there were 150 pending actions in the MDL.

DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS, MDL NO. 2197

Location:

• Northern District of Ohio

Presiding Judge:

• Jeffrey J. Helmick

Plaintiffs:

• Michelle L. Kranz
• Ellen Relkin
• Steven J. Skikos
• Christopher M. Placitella

Defendants:

• Kristen L. Mayer
• Susan M. Sharko
• Robert C. Tucker

Product:

• DePuy's ASR XL Acetabular Hip System

Plaintiff Allegations:

The plaintiffs seek financial compensation for the personal injuries they suffered following the insertion of the DePuy's ASR XL Acetabular Hip System in their bodies and for the manufacturer's failure to warn of the dangerous complications which may ensue after the device is put inside their bodies.

Number of Lawsuits: 10,333 total actions filed in the MDL.

Settlements: 9,800 settled for $4.42 billion in the period 2013-2015.

Status: MDL settled but remains active.

History:

2021:

• There were 553 pending actions in the MDL.

2020:

• In August, there were 1,434 pending actions in the MDL.

DEPUY ORTHOPAEDICS, INC., PINNACLE HIP IMPLANT PRODUCTS, MDL NO. 2244

Location:

• Northern District of Texas

Presiding Judge:

• Judge Ed Kinkeade

Plaintiffs:

• DePuy Orthopaedics Inc
• DePuy Products Inc
• Johnson and Johnson Inc

Defendants:

• Plaintiffs' Counsel
• Plaintiffs' Executive Committee
• Plaintiffs' Lead Counsel
• Plaintiffs' Steering Committee

Product: DePuy's Pinnacle Hip Solutions

Number of Lawsuits: 10,546 total actions filed in the MDL.

Verdicts:

• March 2016 - $502 million (tossed out on appeal, retrial expected)
• December 2016 - $1 billion (reduced to $543 million)
• November 2017 - $247 million (reduced to $245 million)

Status: MDL active and on appeal.

History:

2021:

• There were 6,785 actions still pending in the MDL.

2020:

• In August, there were 10,122 pending actions and 10,407 historical actions in the MDL.

2019:

• Bloomberg News reported that Johnson & Johnson intended to pay $1 billion to resolve about 6,000 DePuy Pinnacle Hip lawsuits.

WRIGHT MEDICAL, INC. CONSERVE HIP IMPLANT LITIGATION, MDL NO. 2329 (TERMINATED)

Location:

• Northern District of Georgia

Presiding Judge:

• William S. Duffey, Jr.

Plaintiffs:

• 751

Defendants:

• Fresenius Medical Care North America, Inc.
• Fresenius USA, Inc.
• Fresenius USA Marketing, Inc.
• Fresenius USA Manufacturing, Inc.
• Fresenius Medical Care Holdings, Inc.
• Fresenius Medical Care Management, AG
• Fresenius Medical Care AG & Co. KGaA
• Fresenius SE & Co. KGAA
• Fresenius Management, AG
• Walter L. Weisman
• Renal Advantage, Inc.
• Fresenius USA Sales, Inc.
• Fresenius Management SE
• Dialysis Clinic, Inc.

Product:

• Conserve Hip Implant

Plaintiff Allegations:

The plaintiffs seek compensation for the personal injuries they experienced following the insertion of the Conserve Hip Implant and for the failure of the manufacturers to warn of the debilitating complications it may lead to.

Number of Lawsuits: 640 total actions filed in the MDL.

Settlements: $330 million in the period 2016-2017.

Status: MDL settled; court-ordered no new lawsuits may be filed.

SMITH & NEPHEW BIRMINGHAM HIP RESURFACING (BHR) HIP IMPLANT PRODUCTS LIABILITY LITIGATION MDL NO. 2775

Location:

• District of Maryland

Presiding Judge:

• Catherine Blake

Plaintiffs:

• 881 total claims filed in the MDL.

Defendant:

• Smith & Nephew, Inc.

Product:

• Birmingham Hip Resurfacing (BHR) system

Plaintiff Allegations

The suits seek financial compensation for the personal injuries caused by the insertion of the Birmingham Hip Resurfacing (BHR) system in their bodies, which include metallosis, a condition in which particles of metal are released into the bloodstream. They also sue for the failure of the manufacturer to warn of such dangerous side-effects of the implant.

History:

2021:

• There were 797 pending actions in the MDL.

2020:

• In August, there were 587 pending actions in the MDL.

2019:

• The MDL grows to 609 lawsuits, 587 actions were still pending.
• No verdicts or major settlements yet.

2017:

• February: Eight people injured by Smith & Nephew hips ask a federal panel to combine their lawsuits into an MDL.
• April: U.S. Judicial Panel on Multidistrict Litigation combines 28 lawsuits over the BHR system into an MDL.

2016:

• November: Smith & Nephew recall 2,000 Modular SMF and Modular Redapt Revision Femoral Hip Systems.

2015:

• December: The company's annual report shows it set aside $203 million to cover lawsuit costs.

2013:

• First lawsuits over the R3 Acetabular Hip Systems are filed; the company quietly settles most R3 cases.

2012:

• June: Smith & Nephew recalls 4,000 R3 Acetabular Hip Systems in the U.S. after reports of failures and complications.

Status: MDL active, pre-trial stages

STRYKER REJUVENATE, MDL NO. 13-2441

Location:

• District of Minnesota

Presiding Judge:

• Donovan W. Frank

Plaintiffs (notice only):

• 4067

Defendant:

• Howmedica Osteonics Corp.
• Stryker Orthopaedics
• Stryker Corporation
• Stryker Sales Corporation

Interested Party:

• Trevor Bube
• Marjorie Kyle
• Samuel Kyle

Products:

• Stryker Rejuvenate and ABG II modular-neck stems

Plaintiff Allegations:

The plaintiffs request financial compensation for personal injury caused by the insertion of the Stryker Rejuvenate and ABG II modular-neck stems hip replacements, as well as for the failure of the manufacturer to warn of the life-threatening complications which may ensue after the surgery.

Number of Lawsuits: 3,618 total actions filed in the MDL.

Settlement: $1.4 billion in the period 2014-2016.

Status: MDL settled but remains active.

History:

2021:

• 359 actions pending in the MDL.

2020:

• In August, there were 1,209 pending actions in the MDL.
• Discovery in the litigation was stayed until June 1, 2021, to allow the implementation of the settlement program.

STRYKER LFIT V40 FEMORAL HEAD, MDL NO. 2768

Location: District of Massachusets

Presiding Judge: Indira Talwani

Product: LFIT Anatomic CoCR V40 femoral heads.

Number of Lawsuits: 1,020 total actions filed in the MDL.

Verdicts/Settlements: Initial settlement announced Nov. 2, 2018.

Status: MDL currently in the settlement phase.

History:

2021:

• 474 actions pending in the MDL.

2020:

• In August, there were 689 pending actions in the MDL.

STRYKER TRITANIUM ACETABULAR SHELL

Location: Not set

Product: Tritanium Acetabular Shells

Number of Lawsuits: Unknown, firms are evaluating cases

Settlements: None

Status: Early phase

History:

2020:

• The New Jersey Supreme Court refused to consolidate lawsuits targeting Stryker's Tritanium Acetabular Shell in multicounty litigation, saying that all cases should continue to be filed in the appropriate counties of venue

ZIMMER DUROM CUP, MDL NO. 2158 (CLOSED)

Location: District of New Jersey

Presiding Judge: Susan D. Wigenton

Product: Durom Acetabular Component

Plaintiffs Allegations

Zimmer did not warn of the risks of the Durom Cup, did not properly test the device before selling it, improperly marketed it, released inaccurate statements about its safety and effectiveness, and unfairly profited from its sales.

Number of Lawsuits: 750 filed, 516 still pending in 2019.

Settlement: $314 million to settle all cases.

Status: MDL settled but remains active.

History:

2020:

• The MDL was closed in June.
• There were 40 pending actions and 750 historical actions in the MDL.

ZIMMER M/L TAPER HIP PROSTHESIS AND VERSYS FEMORAL HEAD, MDL NO. 2859

Location:

• Southern District, New York

Presiding Judge:

• Paul Austin Crotty

Product:

• M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head

Plaintiffs Allegations:

Plaintiffs have experienced metal-related injuries and complications linked to their Zimmer hip implant components.

Number of Lawsuits: 220 total cases in the MDL.

Settlement: None yet

Status: Early stages of litigation.

History:

2021:

• 217 pending cases in the MDL.

2020:

• In August, there were 118 pending actions in the MDL.

PROFEMUR HIP IMPLANT PRODUCTS LIABILITY LITIGATION, MDL NO. 2949

Location:

• Arkansas Eastern District Court

Presiding Judge:

• Kristine G Baker

Defendants:

• Microport Orthopedics Inc
• Wright Medical Group Inc
• Wright Medical Group NV
• Wright Medical Technology Inc

Product:

• Profemur Hip Implant

Plaintiffs Allegations:

Profemur devices failed within a few years, the system featured an unreasonably dangerous design which resulted in fractures, breaks, degradation, fretting, failures and the need for revision surgery.

Number of Lawsuits: 101 related cases.

Settlement: A number of Wright Profemur cases went to trial, one lawsuit. A California state court jury gave a verdict of $4.5 million. Several other claims were settled before going to trial.

Status: The case was filed in August 2020.

History:

2021:

• 82 pending cases in the MDL.