Attorneys reached a confidential settlement in lawsuits claiming medical technology company Stryker manufactured defective hip replacement devices, resolving mass tort matters pending in New Jersey state court and Massachusetts federal court.
The cases involved the recalled LFIT Anatomic CoCr V40 Femoral Head.
According to the federal complaint filed in the District of Massachusetts, the devices used cobalt and titanium, described as “dissimilar metals.” Constant wear and tear between the two materials caused fretting and corrosion, producing “the release of toxic metal particles into the surrounding tissues of the hip” and bodily injury in its users, according to court documents.
“We started seeing our first cases maybe six, seven years ago,” said Joe Osborne of Osborne & Francis Law Firm. Osborne said he was asked to join the executive committee overseeing lawsuits over the faulty hip device due to his prior experience litigating against the defendant.
“I was on the steering committee for the Stryker Rejuvenate litigation and we had hundreds of cases against them,” he said. That 2014 litigation involved similar allegations over Stryker’s Rejuvenate modular-neck device, and resulted in compensation to thousands of plaintiffs of more than $1 billion.
Several of the attorneys involved in the Rejuvenate settlement also helped bring the LFIT V40-related lawsuits:.Peter J. Flowers of Chicago law firm Meyers & Flowers, Michael L. McGlamry of Georgia-based Pope McGlamry Kilpatrick Morrison & Norwood, and Ashleigh Raso of Meshbesher & Spence in Minnesota. Joining them the most recent round of litigation against Stryker were: Massachusetts attorney Walter Kelley of Bernheim Dolinsky Kelley; Brenda S. Fulmer and C. Calvin Warriner III of West Palm Beach-based Searcy Denney Scarola; Pope McGlamry litigator M.J. Blakely; and Ellen Relkin with Weitz & Luxenberg’s New York office.
The executive committee filed a petition with the Judicial Panel on Multidistrict Litigation to consolidate all LFIT V40 lawsuits against Stryker in the District of Massachusetts in April 2017. Cases were consolidated as multicounty litigation in New Jersey Superior Court in Bergen County in May 2017.
A representative from Nutter McClennen & Fish, the Boston law firm retained by Stryker in the District of Massachusetts, declined to comment. The company’s media relations did not respond to requests for comment by press time.
Product liability attorneys Kim Catullo and Nora Wolf with Gibbons in Newark, who represented Stryker in New Jersey Superior Court, did not respond to requests for comment.