In recent years, federal MDL’s (Multi-District Litigations) have been created for a large number of defective metal-on-metal hip replacements, including Smith & Nephew’s BHR and R3; Stryker’s Rejuvenate, ABG II and LFIT V40; as well as many others. In 2010, a large number of cases involving Zimmer’s defective metal-on-metal Durom Cup hip replacement system were consolidated in a federal court MDL in New Jersey. Eight years later, because of high failure rates associated with its M/L Taper system, Zimmer now faces another MDL for this defective metal-on-metal hip replacement product. On October 3, 2018, a federal judicial panel entered an order centralizing 21 federal cases involving the Zimmer M/L Taper, Kinectiv and VerSys metal-on-metal hip devices before Judge Paul Crotty of the Southern District of New York (In Re: Zimmer M/L Taper Hip Protheses Products Liability Litigation, MDL No. 2859).
Sadly, the story is a familiar one. The Zimmer M/L Taper hip implant titanium and cobalt-chromium metal components cause excessive wear (fretting or trunnionosis), corrosion, and release of metal debris into the bloodstream. Like other similar failed metal-on-metal hip replacement products, this causes the patient implanted with a Zimmer M/L Taper system to suffer from metallosis, loss or damage to bone and tissue, and other injuries. In almost all cases, these injuries require a corrective revision surgery.
The formation of an MDL makes it easier to coordinate issues and proceedings that will apply to all the M/L Taper cases. Ultimately, the MDL process usually results in what is known as bellwether trials. A bellwether trial provides a way for the parties to test their evidence and arguments before a jury, with the goal of moving the overall litigation towards a resolution of all the MDL cases. Bellwether cases typically involve facts that are representative of other cases in the wider litigation. The outcomes of bellwether trials often inform parties in determining whether they will continue to litigate or settle the other claims, and on what terms.
When patients are forced to undergo a painful and costly revision surgery following the implant of a defective and dangerous product like the Zimmer M/L Taper hip replacement system, Zimmer must be held accountable. Our firm’s experienced hip replacement lawyers work for individuals who have been harmed by this defective Zimmer device. If you or a loved one has been injured or required revision surgery following the implant of a Zimmer M/L Taper hip replacement system, or another defective hip device, the attorneys at the Yost Legal Group will investigate your potential claim and lawsuit. For a free consultation, please call us at 1-800-YOSTLAW.