Wright Medical has agreed to pay almost $90 million to settle the remaining 600 or so lawsuits against the company over its metal-on-metal hip implants. Those injured by the implants have been in a 6-year legal battle with the company. According to documents the company filed with the U.S. Securities and Exchange Commission, the settlement started on October 3. This settlement will affect lawsuits in an Atlanta federal court and state courts in California.
About Metal Hip Implants
When a new generation of metal hip implants came on the market, they were hailed for their safety and longevity. Much of this was due to the use of metals like titanium to make up some or all of the implant.
Less than a decade later, several of these devices have been recalled due to high rates of failure and painful complications. Some hip manufacturers have offered to pay millions to settle lawsuits brought by thousands of injured people.
Metal Hip Implants Regulatory Shortcuts
The FDA approved most of the metal hips under a provision known as 501(k). These hip implants are part of nationwide lawsuits. This controversial process allows for an expedited approval if the device is similar to a previously approved device.
This means that these metal hip implants were not subject to the rigorous safety testing other medical devices go through before they hit the market.
Wright Medical Settlement
In 2016, Wright Medical agreed to a $240 million settlement with nearly 1,300 people suing the company over its hip implants. The agreement offered an average of $170,000 to each patient who had received a faulty Conserve implant and $120,000 for each patient who had sued over Dynasty and Lineage model implants.
This current expanded agreement settles about 600 pending cases in Georgia and California courts. This covers those who didn’t agree to the first settlement or filed lawsuits after it was completed. The new agreement also covers people who had implants fail after the time limit to file a lawsuit ran out.
Wright Medical will pay their settlement in three installments. The first will be almost $8 million to settle 49 claims that missed out on the original settlement. The next installment includes 39 claims by the oldest people bringing the lawsuits to the tune of $5 million. Lastly, almost $77 million will go to settling all existing claims through October 1, 2017.
Other Metal Hip Verdicts
In December 2016, a Texas federal jury found Johnson & Johnson’s DePuy Orthopaedics Inc. liable for more than $1 billion in a six-plaintiff bellwether trial. The jurors deliberated for less than a day before finding Johnson & Johnson and Depuy negligently designed the hip implant, failed to warn surgeons about dangers and concealed the implant’s risk. Each plaintiff will receive between $4-$6 million in damages for physical injuries and pain and suffering. Plus, more than $500 million in punitive damages after the jury found the companies acted fraudulently and potentially with malice.
If You Were Injured by a Metal Hip Implant
These settlements and verdict may be just the beginning. Experts predict more will occur in the next coming years. It is important to note that each hip device lawsuit is different. To get advice from a qualified hip device attorney, contact the dedicated attorneys at The Michael Brady Lynch Firm at 877-513-9517. We have decades of experience going up against large corporations and getting you the compensation you deserve.