A different kind of metal-on-metal hip lawsuit
November 4th, 2015 by Cutter Law
When we hear about metal-on-metal hip replacement lawsuits, it’s usually a given that the plaintiff is a patient who’s been injured by one of these dangerous medical devices, which are known to cause a horrific array of adverse effects, including metal blood poisoning, tissue death, and other serious complications related to the failure of the implants.
Something we don’t often hear about, though, is surgeons suing the manufacturers who sell the implants. An article by Gordon Gibb sheds light on one such recent case.
In this case, an orthopedic surgeon, Dr. Morgan, brought a lawsuit against Stryker and Howmedica Osteonics related to the Rejuvenate and AGB II hip implants. Lawsuits related to those devices have been consolidated into multi-district litigation in Minnesota (MDL No. 2441), but Dr. Morgan objected to his case being lumped into the MDL, and claimed his lawsuit should be allowed to stand on its own in Texas.
According to court documents, Dr. Morgan’s claim is brought by his practice
“for injuries to the business, with claims of negligence, negligent misrepresentation and fraud based on defendants’ alleged statements concerning the Stryker hip implants. At the core of the action are allegations related to defendants’ statements about the safety of recalled Stryker hip implants and their propensity to generate excessive metal debris and/or metal ions, kill surrounding tissue and prematurely fail…”
In the end, the judicial panel decided that Dr. Morgan’s case was similar enough that it should be part of the MDL and be transferred to Minnesota.
It’s not surprising that a surgeon would bring a claim against a dangerous device manufacturer. Patients implanted with metal-on-metal implants must often endure painful revision and re-revision surgeries. While of course, patients who’ve endured the adverse effects related to metal-on-metal implants are the biggest victims, it’s plain to see that surgeons and their practices are also affected by these extremely problematic devices.
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