Georgia Wright Conserve Trial Will Begin November 9th
October 8th, 2015 by Cutter Law
Christiansen had the metal-on-metal Wright Conserve Hip Implant System implanted in 2006, but she had to have revision surgery to remove and replace it in 2012. The trial is part of consolidated proceedings that sees more than 400 lawsuits related to the hip replacements joined into federal multi-district litigation (MDL-2329).
One of the main allegations in this trial is that the hip replacement system component rubbed against each other, resulting in the metal fretting and releasing cobalt and chromium particles into the surrounding tissue. According to The Knowledge Effect, Judge William S. Duffey Jr. said that
“a jury should decide if the surgeon who implanted Christiansen’s Conserve hip implant system in April 2006, Dr. Lynn Rasmussen, relied on representations made by Wright’s representatives about the product.
Such a determination by jurors should be made in tandem with their finding on whether Wright knew of the risks in using components with cobalt-chromium and the tendency of those metals to release particles that could infect nearby tissue and enter a patient’s bloodstream, the judge said.
He added that a jury should decide whether any such statements by Wright, or its corporate relative Wright Medical Group, were misrepresentations and if they were made “intentionally, recklessly, or negligently.” “
The case is one of 10 that will go before the courts as bellwether trials, which help to establish how juries are likely to find on similar cases in the future, and can be useful in settlement negotiations.
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