For several years as metal-on-metal devices have failed at alarming rates and a question has been repeatedly asked but not yet answered: Is there a lack of a clinical advantage with metal-on-metal bearings?
Today the New York Times reports that the question must be answered by industry or the FDA is going to require these Metal-On Metal (MoM) devices to be withdrawn from the market.
The harms associated with cobaltism and metallosis are significant. Many of the known harms associated with the following devices have resulted in many patients being seriously harmed and led thousands of lawsuits across the country:
- Depuy’s ASR device [Recalled in August of 2010-but claims are still being filed]
- Depuy’s Pinnacle Cup (metal Insert)
- Stryker Corporation’ Rejuvenate modular hip
- Zimmer Holdings, Inc.’s Durom Cup
- Wright Medical Technologies Conserve Cup
- Biomet Inc.’s M2A Magnum Hip Replacement
Some recommendations were made after two days of hearings back in June 2012 with thousands of pages of supporting documentary evidence questioning the metal on metal hip systems. The material is archived and may be found here: 2012 Meeting Materials of the Orthopaedic and Rehabilitation Devices Panel
For more information on the FDA's most recent announcement and recommendations on January 17, 2013 review our comprehensive post: MoM Hip Implant Update: The FDA Issues New Guidelines For Patients That Have Metal-On-Metal Devices: Who Is Most At Risk?
For those metal-on-metal him implant patients that are still unrepresented we encourage them to speak to a lawyer about their legal rights and if warranted, file a claim before their statute of limitation expires.
In the estimation of Childers Schlueter and Smith, LLC the harms and value of each timely prosecuted hip implant claim will include future considerations. The average claimant of a defective MoM hip implant device will have been exposed to high levels of Chromium and Cobalt that will require years of monitoring and treatment. Questions will persist into the future: Will there be long term affects from exposure, such as impaired renal function, impaired hearing, adverse neurologic effects, unwanted conditions effecting the heart, and/or a potential impact to the thyroid gland or lymphoma? These are all questions that must be addressed and considered.
Individual considerations of particular circumstances are evaluated including the possible uncertainty of the longstanding effects of metallosis, cobalt and chromium. Each represented client has claims that are different and are evaluated individually on a case by case basis. (Ie. We are representing single individuals and not participating in a Class Action with our clients. Our experience in handling these claims show the injuries and harms are just too great to handle them in any other way)
If you have questions or just want to be more informed, call our hip implant lawyers toll free at 1-800-641-0098 or 404-419-9500. You can also find out more information by visiting our website: www.cssfirm.com The lawyers at Childers Schlueter and Smith LLC are available to answer your questions and explain your legal options.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer again in 2019, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys and a Top 100 Lawyer in Georgia by the National Trial Lawyers in 2019.
Wade B. Coye
When trend reports show that a medical device is doing more harm than good, it should stop being sold. End of story. The damage these devices are causing is hurting thousands of people who were already in pain to start. I am glad that the FDA is finally taking action to correct the legislation that is allowing manufacturers of these devices to take advantage of patients, however, making the changes will take time, and until then, it is our responsibility as attorneys, and caring citizens, to get the word out, and make sure our clients, friends, and family are doing their research before deciding to pursue a medical procedure, especially one that seems to have a repeatedly dangerous outcome.
Brandon, thank you for the helpful information. More and more, as you know, products are being placed in the market without proper testing. I have family members who have experienced problems with this faulty hips. We can only hope the FDA increases regulation in this area.
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