The emergence of a second wave of plaintiffs for hip implant cases which have already been litigated or are currently being litigated will now likely be joined by plaintiffs with injuries related to the LVIT v40 Femoral Head component recall. The recent surge in new plaintiffs for existing hip replacement litigation’s is likely due to the fact that those individuals who received their recalled or defective hip implant in the two year period prior to the problems with these devices becoming known, are just now experiencing the adverse events associated with these devices.
Urgent medical device recall
Stryker Corporation issued an urgent medical device recall on August 29, 2016 related to the Stryker LFIT Anatomic CoCr V40 Femoral Head commonly used with the Stryker Accolade Hip replacement system as well as other models and brands of hip replacement products.
The urgent medical device recall notification was related to LFIT V4o Femoral Heads manufactured prior to 2011, and therefore it is highly unlikely that any of the recalled devices would still be in the stockroom of any surgical center or other medical providers. The recall obviously affects devices that are already implanted in hip replacement patients and therefore can not simply be packaged up and sent back to the manufacturer.
Health Canada issued a similar recall several days before the voluntary recall was issued by Stryker in the United States. The notice from the Canadian Equivalent of the FDA noted that:
“Stryker has received higher than expected complaints of taper lock failure for specific lots of certain sizes of LFIT Anatomic COCR V40TM Femoral Heads manufactured prior to 2011.”
The taper lock is the part of the hip implant component that connects the femoral head to the femoral neck. Failure of the taper lock can result in a complete loss of movement, severe pain, instability of the entire joint,bone fracture, dislocation as well as other significant problems. Surgery will generally be required to repair any complications resulting from taper lock failure. In some cases, surgery will not repair the complication and the patient may be left permanently disabled.
Emerging LFIT V40 Litigation
The newly-released information related to the defective nature of the LFIT V40 may give rise to a large number of new hip implant lawsuits to accompany those which have already been filed over the past few years, many having been consolidated into Multidistrict Litigations (MDL) as well as State Court Litigations. A number of lawsuits which include allegations related to the LFIT V40 component have already been filed in the New Jersey Stryker Hip State Court Consolidation.
In July 2016 Annah Marie Gidora (See Gidora vs Howmedica) filed a complaint in the Southern District of New York related to the LFIT V40 Femoral Head implanted in conjunction with a Stryker Accolade. She alleges that the device is prone to fail before its expected life. As a result of the device failure Giordia alleges that she suffered a debilitating loss of mobility as well as other injuries resulting in significant pain and suffering.
The LFIT V4o recall complicates and already complicated assortment of problems related to hip implants and litigation’s related to these defective products. The LFIT V40 recall and litigation will be discussed at the November 11th- 14th Four Days to Mass Tort Success Course in Fort Lauderdale. To view other topics that will be discussed by our speaker panel visit this link: November Speaker Panel.