Many recipients of the Smith and Nephew Birmingham Hip Resurfacing System, with or without the Reflections 3 (R3) Metal Liner, have suffered serious side effects from the implant. Some of them had to undergo revision procedures to remove the implants entirely. Because the injuries might have been caused by the manufacturer rather than the surgeon, recipients might be eligible to sue Smith and Nephew for compensation.
No Class Action or Multidistrict Litigation Formed.
125,000 people received a Smith and Nephew Birmingham Hip Resurfacing System worldwide, but because its failure rate is unknown, it’s unclear how many recipients will sue the manufacturer. Roughly 7,700 people received an R3 Metal Liner with their hip cups, which fail in about 1.6 percent of recipients after one year. Many of them live outside the United States because the R3 Acetabular Cup was not approved by the U.S. Food and Drug Administration (FDA). The FDA did approve the R3 Metal Liner for the Birmingham Hip Resurfacing System, however.
Some individuals have filed lawsuits against Smith and Nephew. For example, one was filed by William and Jill Reilly in California federal court, and another was filed in Illinois federal court by Cheryl and Ken Elmore. Both cases are moving are moving forward.
Although the number of plaintiffs is unlikely to grow to a significant size, recipients should not worry that a class action Smith and Nephew hip replacement lawsuit will not form. Class action lawsuits are best suited for when the members of the class suffered an equivalent injury, such as shareholders of a corporation whose executives committed some form of fraud. With mass-tort cases, it’s preferable to join federal multidistrict litigation (MDL) or a state equivalent. In MDL, all the cases are consolidated for pretrial proceedings in which a single federal judge’s rulings apply to all cases equally, and the parties conserve costs as in a class action lawsuit. MDL also allows plaintiffs to attempt to obtain compensation commensurate with their injuries rather than an equal payout as in a class action.
RLG Advocates for Smith and Nephew Hip Recipients
Although the number of lawsuits against Smith and Nephew is currently low, that should not discourage you from seeking legal counsel if you believe one of the company’s hips injured you or a loved one. The amount of compensation from a Smith & Nephew R3 Metal Liner lawsuit might include damages for medical expenses, lost income, pain and suffering, and other damages. To find out if you are eligible to file a lawsuit, click on this link or call 1-800-624-9568 and a lawyer from the Rottenstein Law Group will reach out to you as soon as possible to give you a complementary, confidential legal consultation.