New York, New York (PRWEB) July 24, 2013
A federal judge in Illinois presiding over a Smith & Nephew hip lawsuit has ruled that the Plaintiff’s claims of negligence and strict liability involving alleged quality control issues in the Birmingham Hip Resurfacing System may go forward, Bernstein Liebhard LLP reports. In an Order dated July 22nd, Judge Joan H. Lefkow of the U.S. District Court for the Northern District of Illinois rejected Smith & Nephew’s assertions that the claims were preempted by federal law. The Birmingham Hip Resurfacing System may be used with the optional metal liner component for the R3 Acetabular Hip Replacement System, which was the subject of a Smith & Nephew hip recall in June 2012.* (Tillman v. Smith & Nephew Inc., No. 1:12-cv-04977 (N.D. Ill.))
“We continue to hear from individuals who have suffered serious complications, allegedly due to Smith & Nephew hip replacements. We are encouraged by the decision in this case,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free Smith & Nephew hip lawsuit evaluations to patients who suffered serious complications, including metallosis and premature device failure, allegedly due to the recalled R3 metal liner component.
Smith & Nephew Hip Recall
The Smith & Nephew hip recall was announced in June 2012, due to the high failure rates associated with the optional metal liner component for the R3 Acetabular System. According to the Food & Drug Administration (FDA), the R3 metal liner is not cleared for use with the R3 Acetabular System, a total hip replacement system, but has been approved for use with the Birmingham Hip Resurfacing System.*
According to a report from Reuters, yearly revision rates among recipients of the recalled Smith & Nephew hip replacement device were above the rate Britain’s National Institute for Health and Clinical Evidence deems acceptable. Patients fitted with the device may be at risk for numerous complications, including infections, fractures and dislocations. However, Smith & Nephew has maintained that there is no evidence that the metal liner has caused metallosis, or increased metal debris in the body.**
Victims of serious complications allegedly associated with the Smith & Nephew hip recall may be entitled to compensation for their medical care, pain and suffering, and other damages. Additional information about filing a Smith & Nephew hip lawsuit is available at Bernstein Liebhard’s website. To arrange for a free, no obligation legal review of your case, please call 800-511-5092 today.
*fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm, FDA, June 1, 2012
**reuters.com/article/2012/06/01/us-smithnephew-hip-idUSBRE85010J20120601, Reuters, June 1, 2012
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP