At the plaintiff’s request, US District Judge Christina A. Snyder in California combined two cases against Wright Medical Technology, Inc. in litigation over the defective Profemur Total Hip System. In both cases the hip implant broke during normal daily use.
The cases are Richard B. Sarafian and Kristin Biorn, new case No. 2:15-cv-07102-CAS, US District Court for the Central District of California in Los Angeles. The cases were already proceeding with joint discovery.
Separately, 575 hip implant lawsuits against Wright are pending in Georgia in MDL 2329 before U.S. District Judge William S. Duffey, Jr. IN RE: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation.
Recalled in 2015
The Profemur hip was designed in 1985 and has been implanted in more than 50,000 patients. Wright received a short-cut 501(k) FDA approval in 2000 to sell the device base on an earlier hip replacement. The FDA recalled the device in August 2015.
Sarafian had his left his replaced in 2012 and the implant’s neck broke 37 months later. Biorn had her left hip replaced in 2013 and it broke after 20 months. Both were performing the “normal and expected activity of daily living.” The revision surgeries were done as emergency procedures.
Wright objected to combining the cases, arguing that it would allow evidence in one case that may not have been allowed otherwise in the other. It also argued that having multiple plaintiffs would make it look inherently guilty.
“Both actions appear to share common issues of fact and law,” the judge wrote. “On balance, plaintiffs have the stronger argument.”
Sarafian and Biorn are represented by Helen Zukin, Paul R. Kiesel, D. Bryan Garcia and Cherisse H. Cleofe of Kiesel Law LLP.