The hip implant recall lawyers at Jones Ward are expanding the scope of a legal challenge to the Smith & Nephew BHR, targeting a configuration of the device that never gained FDA approval.
Smith & Nephew faces approximately 300 individual lawsuits in federal court from patients who claim that the BHR failed and shed toxic levels of cobalt and chromium into their bodies. Jones Ward PLC acts as lead counsel in the litigation, which is based in Maryland before Judge Catherine Blake.
BHR hip failures: a tale of two systems
The metal-on-metal BHR device is similar to other failed metal hips including the DePuy ASR, the Zimmer Durom, the Biomet M2a Magnum and the Wright Conserve. The BHR, which stands for Birmingham Hip Resurfacing, can be used in at least two types of hip replacements. The first type, called a resurfacing, was approved by the FDA in 2006 and includes just a metal cup and a matching femoral head or ball. Jones Ward represents dozens of patients across the U.S. with failed resurfacing systems. The second type of operation is a total hip replacement using the same BHR cup, matched with a modular femoral head and a traditional hip stem. Smith & Nephew never received approval from the FDA to sell this device configuration in the U.S., but numerous patients backed by Jones Ward are now filing lawsuits stating that Smith & Nephew promoted the unapproved system to surgeons and the public anyway. The system is just as failure-prone as the BHR when used in a resurfacing procedure, the lawsuits claim, and it may even be worse. Derek McMinn, the British designer of the BHR, recently warned that surgeons must perform at least 1,000 operations with the BHR to learn how to safely implant the system.
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 or Alex C. Davis.