Partner Jasper Ward of Jones Ward PLC has been named lead counsel in the Smith & Nephew hip implant litigation, known as MDL 2775, along with co-lead counsel Genevieve Zimmerman of Meshbesher & Spence located in Minneapolis, Minnesota.
Leading The Way
Jones Ward represents more injured Smith & Nephew hip implant victims in federal court than any other law firm in the nation. On February 1, 2017, Jones Ward filed a petition with the Judicial Panel on Multidistrict Litigation (JPML) to consolidate all pending federal BHR cases and succeeded. All pending federal BHR cases are now in a single venue in the District of Maryland before Judge Catherine C. Blake. Judge Blake appointed Jasper Ward and Genevieve Zimmerman to serve as Plaintiffs’ Lead Counsel. There are approximately 70 cases in the MDL in Maryland, with more being filed every week.
Why does the BHR fail?
The BHR device consists of a femoral head component and a hemispherical acetabular cup that is made in a range of 12 sizes. The cup fits into the patient’s hip socket, or acetabulum, and then rubs against the femoral head during articulation (movement) of the patient’s hip joint. Both components are made of cobalt and chromium metal alloys, and thus are “metal-on-metal” hip implant components. Over time, the movement of the metal components inside the hip joint leads to tiny particles of metal being shed into the patient’s hip joint and body, which in many cases leads to bone and tissue necrosis, toxic damage and the formation of pseudo tumors. The problems associated with the BHR are similar to the injuries caused by other metal-on-metal hip devices, which have been well documented starting with the August 2010 recall of the DePuy ASR device. Data compiled by the National Joint Registry of England and Wales show the Birmingham Hip Resurfacing device has a seven-year revision rate of 11.76 percent, well above the normal acceptable failure rate for a device of this type. Similar data compiled by the National Joint Replacement Registry of Australia in 2015 show the BHR has a ten-year revision rate of 14.5 percent for women. Other studies place the failure rate for women as high as 26 percent.
How do I preserve my rights?
If you do not file a lawsuit within a certain amount of time, you may lose your right to compensation due to the Statute of Limitation. This deadline is different in each state, and it varies depending on the claims you are making in the lawsuit. In Kentucky, for example, the deadline for a product liability claim is one year. However, the same claim in Indiana is two years, and in Florida it is four years. For a free evaluation of your potential Smith & Nephew BHR hip recall claim, contact Attorneys Jasper D. Ward, Alex C. Davis or Ashton Smith.