Zimmer-Biomet has been manufacturing and distributing hip replacement systems for many years, benefiting thousands of recipients. However, thousands of other patients have allegedly suffered injuries due to Zimmer products, and face painful revision surgery, infection, toxic reactions and permanent nerve damage.
Total hip replacement systems usually consists of four separate components, including a femoral stem, femoral head, liner and an acetabular shell. Each component has the potential to fail, and cause injury.
In 2003, Zimmer received FDA approval to market the M/L Taper Hip Prosthesis, and later in 2007, Zimmer received approval to market the Taper Hip Prosthesis with Kinectiv Technology, without a great deal of pre-market testing.
Now lawsuits and plaintiffs and their Zimmer Kinectiv hip recall lawyer allege the M/L Taper and Kinectiv hip products contained design and manufacturing defects.
Plaintiffs and medical device experts claim the taper of the stems and the femoral head cause fretting and corrosion, resulting in infection and metallosis. Recipients of these Zimmer hip implants may request tests from their doctors to check cobalt and chromium levels in the blood.
Joe Lyon is an experienced Ohio product liability attorney and Zimmer Kinectiv Hip Recall Lawyer investigating Zimmer Biomet recalls and hip replacement injuries for plaintiffs nationwide.
The Lyon Firm works with medical device experts to determine the root cause of injury and to build the strongest legal claim possible against medical device companies like Wright Medical, Zimmer Biomet, Smith and Nephew, Depuy and Stryker.
After being on the market for less than one month, in June 2015 the FDA announced a Class 1 recall for the Zimmer M/L Taper with Kinectiv Technology. The Kinectiv technology was meant to allow a surgeon to adjust the length of the affected leg, relieve nerve issues, and allow a better range of motion and stability. However, the recall announcement stated that Zimmer found a higher-than-expected amount of manufacturing “residue” on the hip implant products.
Common complications of implant corrosion and metal debris discharge into the bloodstream were noted. Metallosis and revision surgery are major risk factors with hip implants, and may lead to permanent injury.
The M/L Taper Hip System is one of many artificial hip replacements that have caused health concerns due to blood toxicity, which occurs when heavy metals enter the bloodstream. Various injuries may follow when metal enters the affected joint or the heavy metals reach the blood stream. Symptoms of metallosis may include:
Due to manufacturing negligence, and putting profit before safety, medical device recalls have been more common now than ever. But instead of placing products in pre-market trials and requiring more clinical research, medical device companies bypass consumer safety, and put thousands of patients at risk.
Zimmer’s kinectiv M/L stem hip recall is just one of many device recalls. To recover compensation for damages and medical expenses, and to hold device companies responsible for injuries and corporate negligence, contact a Kinectiv Hip Recall Lawyer to discuss your legal options and potential settlement.
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ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Defective medical device litigation helps to improve patient safety and holds medical device companies accountable when defective products injure plaintiffs and clients.
When a medical device has the potential to fail and cause injury, companies should voluntarily issue a recall. When a company injures patients with defective medical devices, a medical device lawyer may help you recover financial losses, medical expenses and other damages incurred through litigation.
A product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:
(1) Manufacturing/ Construction Defect:
These issues arise where the product is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials (e.g., Tylenol contamination, food poisoning, damaged car part from factory installation).
As a result of the deviation, the product enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.
(2) Defective design and/or formulation:
Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original design of the product is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.
Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. Automotive recalls and product liability cases are usually a result of a defective design. Common cases include the Toyota Brake Recall, Chrysler Gen III seat belt buckle, lap belt only cases, Metal on Metal hip implants, transvaginal mesh.)
(3) Failure to warn or inadequate warning or instruction associated with the product:
All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the product unsafe, the manufacturer is liable for the failure to place the warning. The most common area of litigation for failure to warn is in pharmaceutical litigation.
Pharmaceutical manufacturers are required to warn of the known or foreseeable side effects and update the warnings in a timely manner. Litigation arises where there is evidence the manufacturer failed to timely update a warning in light of new data or simply ignored the risk and failed to conduct sufficient research to identify and then disclose the risk.
(4) Misrepresentation:
The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.
The warranty may be written or implied based upon the products intended purpose and merchantability. An example of a breach of warranty cases are cases involving automotive defects.
The normal lifespan for a hip replacement is about 15 to 20 years, but defective products may fail much earlier than expected.
There are several models on the market, some made of plastic, and some metal on metal hips that have been known to cause problems.
Yes, any foreign material implanted into the human body may not be tolerated, but this is rare.
Pain, inflammation, infection, immobility and a sense of instability are all good signs there may be a problem with your hip implant.
Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.
Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their Cincinnati product liability lawyer
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
Nationwide Consolidation in U.S. District Court, Northern District of Ohio. The Depuy ASR Hip design was plagued with problems related to premature loosening and metallosis, caused by chromium and cobalt entering the blood stream. The resulting injuries were a result of the metal-on-metal friction inherent with the design of the product. Depuy recalled the ASR and entered into a global settlement valued at $2.5 Billion to cover an estimated 8,000 patients. The Lyon Firm represented several clients in the original settlement and continues to be active in this litigation. The settlement funds provided compensation for the revision surgeries, including compensating for medical costs, lost wages, and pain and suffering.
Nationwide Consolidation in U.S District Court, Northern District of Indiana. Similar to the Depuy ASR, the Biomet metal-on-metal hip design allegedly contributed to premature hip failures and metallosis due to the metal friction. Biomet entered into a global settlement valued at $56 million to cover a few thousand claims. The Lyon Firm represented several plaintiffs in the original settlement and continues to be active in this litigation.
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