We’ve previously blogged about Stryker LFIT V40 artificial hip problems, discussing a recall made back in August 2016 and how to tell if you have an artificial hip that’s part of that recall. Since those posts a lot has been going on in courthouses across the country, with dozens of lawsuits popping up from individuals who received affected artificial hips made by Striker Orthopaedics and its subsidiary, Howmedica Osteonics Corporation (HOC).

Just recently, approximately 33 pending lawsuits against HOC were consolidated into a multi-district litigation (MDL). In a way, you can think of this consolidation as a “things just got real” moment for HOC. But what’s the big deal about the Stryker LFIT V40 litigation now being in MDL status? Let’s begin by discussing the underlying lawsuits.

Why Are the Plaintiffs Suing?

Patients who received the Stryker LFIT V40 femoral head suffered from a variety of problems with their artificial hip, including extreme pain, cobalt/chromium poisoning, inflammation, joint instability, loss of movement and joint dislocation. These symptoms were the result of a taper lock failure.

The major claim made by plaintiffs is that the taper lock failure was caused by corrosion at the taper junction, which is the part of the hip implant where the LFIT V40 femoral head attaches to the hip stem. Plaintiffs also argue that not only were the LFIT V40 femoral heads defective, but Stryker and HOC knew of these problems and failed to properly warn the doctors who performed surgeries to implant these artificial hips.

Over time, the taper lock failure resulted in metallosis, a serious condition where metal debris builds up in soft tissue, as well as the LFIT V40 femoral head completely separating from the hip stem.

Why Did the Plaintiffs Want Their Lawsuits to Be Consolidated in One Court?

There are several possible reasons why the Stryker LFIT V40 plaintiffs wanted their cases consolidated.

First, it allows plaintiffs to pool their resources and coordinate their legal strategies. This means they can litigate more efficiently and save money.

Second, litigation can occur faster. This is usually good for the plaintiffs, because they can obtain compensation sooner. It also prevents defendants from dragging out a case.

Third, cases consolidated into an MDL get a lot of attention (even, I suppose, this article). The extra media attention can bring in even more plaintiffs. With more money at stake, plaintiffs have more leverage during settlement talks.

In this case, HOC was concerned about extra negative attention. As a result, HOC argued that the name “Stryker” should be removed from the MDL case name in the hopes that it would avoid some of the bad publicity for its parent company. HOC’s argument was not accepted by the Court and the Stryker name stayed in the MDL case name. It is now, “In re: Stryker LFIT V40 Femoral Head Products Liability Litigation.”

The Decision to Consolidate

The decision to transfer was made by the United States Judicial Panel on Multi-District Litigation (JPML). Plaintiffs argued that since all the cases involved one or more common questions of fact, consolidation into an MDL would promote judicial efficiency and be more convenient for the litigating parties.

HOC disagreed, arguing that there were only a “few” cases, so consolidation wasn’t necessary. HOC also argued that even though all the cases involved the same LFIT V40 femoral head, because there were a wide variety of hip stems used by different patients, it didn’t make sense to consolidate the cases. The JPML disagreed with HOC and consolidated all 33 cases into an MDL.

Next Steps

The 33 Stryker LFIT V40 lawsuits from 17 total federal districts will be transferred to the District of Massachusetts, and handled by Judge Indira Talwani, who is already hearing several Stryker LFIT V40 cases. However, Judge Talwani has never handled an MDL and has only been a federal judge since May 2014.

The cases will now advance to pre-trial matters, primarily discovery. In the meantime, additional cases may also be added to the MDL.

Once discovery is complete the cases will be transferred back to their original federal districts for trial. Before that happens, the Court will try to get the parties to settle the cases. One way to promote settlement is to have bellwether trials.

Bellwether trials are cases that represent the whole group. Bellwether cases will go to trial and be tried by a jury. How these cases turn out will provide insight to the parties as to whether a settlement is possible and if so, what the settlement terms should be.

I imagine it can seem overwhelming. Let’s say you had artificial hip surgery in 2011. By 2016 you begin to feel some unusual, new pain. So you Google artificial hip implants and you discover an ocean of words on the many failed artificial hip components that have been sold and implanted (and then failed) over the past decade. Then you run across an article on an urgent recall of the Stryker LFIT Anatomic CoCr V40 Femoral Head (let’s call it the V40 Head). You have a vague recollection that you were implanted with a Stryker artificial hip back in 2011, but you certainly don’t know if the V40 Head was implanted. So the question for a person like you would be: How do I know if I have the Stryker LFIT Head implanted in my body?

It’s a great question. In fact, you should not be expected to know what precise artificial hip components have been implanted in your body. I had cataract surgery last year, and I don’t have any idea what exact artificial lenses were implanted in my eyes. I hope I don’t ever have to figure out what product they actually are. But back to you. Here is a simple procedure you should follow if you need to find out if a medical device like the V40 Head is currently implanted in your body:

more Do You Feel Pain?

The first question you should ask if: Do I have pain? If you have great results from your hip replacement surgery, you may not need to confirm what specific parts are in your body. Although I think information is always a good thing, if your results are good, you may just take a wait-and-see attitude. After all, the artificial hip is not going anywhere.

If you have pain in the hip area, or in your legs or back, then you need to begin keeping a pain journal. I have written about this simple information-gathering tool, and it is an important action to take. It will likely help your doctor diagnose the problem, and it may help your attorney with your product liability case down the road.

Did You Receive a Recall Letter?

For many recalled medical devices, the manufacturer often sends a letter directly to the patient identifying the recalled medical device, or the company sends a letter to the patient’s surgeon asking the surgeon to notify all his or her patients who received a recalled product. From what I understand, Stryker did not send any such letter to patients or doctors. So in the case of the V40 Head, a recall letter will not help you figure out if you have the V40 Head in your body, because one was not mailed.

Stryker did issue an Urgent Medical Device Product Field Action Notification for the LFIT Anatomic CoCr V40 Femoral Heads, which you can read here: Stryker LFIT Urgent Notification. This Urgent Notice was delivered on August 29, 2016 to surgeons and hospitals who may have received the V40 Heads in the last fifteen years. But Stryker did not send the letter directly to the patient who had the V40 Head implanted. Without direct notification from Stryker to you, the patient, it therefore falls to your surgeon to let you know about the recall. And your surgeon may or may not voluntarily tell you about the recall.

Ask Your Doctor

If you are feeling pain as described above (and maybe even if you are not), you need to visit your surgeon. Schedule an appointment and let your surgeon explain to you what is going on. At that doctor’s visit, you should ask if your artificial hip components are subject to any recalls or other product failure issues. If you have the V40 Head implanted, your surgeon absolutely should let you know at that point that you have the V40 Head implanted. He or she should then tell you what you should do next, at least from a surgical or medical treatment standpoint.

Ask for the Product Stickers Page

Now you are getting somewhere. Whether you meet with your surgeon to discuss the new and different hip pain, you have the right to all your medical records. Call the surgeon’s office and ask the person in charge of medical records to send you copies of the “product stickers” page. This is a simple page that has all the hip component labels affixed to the sheet of paper. When you had the original implant surgery, the surgical nurse should have carefully removed all stickers from each hip component and stuck the label to the product stickers page. It may have a heading at the top that states “nurses’ notes” or “hospital notes” or “operative note,” but any product stickers page is unmistakable, because the product stickers or labels has all the key identifying information: name of the component, lot number, reference number, manufacturer’s name and logo. When you have the product stickers page in hand, you are on your way to establishing whether you have the Stryker LFIT V40 Head implanted.

While you are asking for the product stickers, feel free to ask for all medical records relating to your original implant surgery. These documents can prove very helpful in the early going to a product liability lawyer.

Call a Lawyer to Discuss

A good product liability lawyer will be able to help you identify whether you have the V40 Head implanted, especially if you have obtained the product stickers page. But even if you haven’t recovered that page from your surgeon’s office, a lawyer can figure it out for you.

Recap on the Stryker LFIT V40 Femoral Head Failure

Stryker has admitted that a higher than expected number of its V40 Heads are malfunctioning due to a failure in the taper lock. The taper lock is the part of the hip prosthesis that connects the femoral head to the stem. When the taper lock fails, various symptoms can result, such as:

– Loss of movement – Joint instability – Legs of differing lengths – Severe pain – Annoyance – Inflammation – Joint dislocation

These symptoms can be caused by any of the following:

– Metallosis – Fractured hip stem trunnion – Disassociation of femoral head from hip stem – Excessive wear debris – Insufficient soft tissue tension – Loss of implant: bone fixation strength

These are just some of the possible symptoms and hazards associated with a failing V40 Head. Two of the more serious issues are metallosis and disassociation of the femoral head from the stem.

The exact cause of taper lock failures in the V40 femoral heads has not yet been provided by Stryker. But regardless of how the V40 femoral head is defective, if you are suffering any of the above symptoms, there’s a good chance you may have a V40 femoral head hip replacement component that needs to be fixed or “revised.”

Unfortunately, not all artificial hips have performed as intended, resulting in serious complications for many patients. I have written often about failed artificial hips on this site. One such example has occurred with the Stryker Orthopaedics’ (Stryker) LFIT V40 femoral head. On August 29, 2016, Stryker issued a voluntary recall for this particular hip replacement product. If you or someone you know may have received this hip replacement product, there are certain things you need to know.

What’s Being Recalled?

This isn’t the first time Stryker has had a problem with its hip replacement products. Back in 2012, Stryker recalled its Rejuvenate and ABG II modular-neck hip stems. However, the current recall concerns the LFIT Anatomic CoCr V40 Femoral Head (V40 femoral head).

The recall focuses not on the entire hip replacement prosthesis, but rather just the femoral head; the femoral head is the “ball” part of the hip replacement. This femoral head fits inside the “cup” (which is located in the pelvis) and is also attached to the “stem” (which is connected to the femur, or thigh bone). Neither the cup nor the stem are currently a part of this recall.

more

Not every V40 femoral head is being recalled. The recall includes those manufactured before 2011 that have the following catalog numbers and sizes:

Many patients who received the V40 femoral head also received additional Stryker hip replacement components, such as the Accolade TMZF, Accolade 2, Meridian and Citation stems.

What’s Wrong With the V40 Femoral Head?

Stryker has observed that a higher than expected number of its V40 femoral heads are malfunctioning due to a failure in the taper lock. The taper lock is the part of the hip prosthesis that connects the femoral head to the stem. When the taper lock fails, various symptoms can result, such as:

– Loss of movement – Joint instability – Legs of differing lengths – Severe pain – Annoyance – Inflammation – Joint dislocation

These symptoms can be caused by any of the following:

– Metallosis – Fractured hip stem trunnion – Disassociation of femoral head from hip stem – Excessive wear debris – Insufficient soft tissue tension – Loss of implant: bone fixation strength

These are just some of the possible symptoms and hazards associated with a failing V40 femoral head. Two of the more serious issues are metallosis and disassociation of the femoral head from the stem.

Metallosis occurs when metal particles build up in human tissue. This can cause inflammation, metal poisoning and necrosis. The metal particles are created when bits of the hip replacement wear away due to the grinding and rubbing that occurs within the hip replacement over time.

Disassociation of the femoral head from the stem is another way of saying that the femoral head and stem break apart. This can be caused by corrosion in the V40 femoral heads.

How Can These Issues Be Fixed?

The exact cause of taper lock failures in the V40 femoral heads has not yet been provided by Stryker. But regardless of how the V40 femoral head is defective, if you are suffering any of the above symptoms, there’s a good chance you may have a V40 femoral head hip replacement component that needs to be fixed or “revised.”

In order to fix the problem, many patients will need revision surgery. Revision surgery is basically another hip replacement surgery to remove the problematic hip prosthesis component and replace it with a different one. As you can imagine, a revision surgery is the last thing a hip replacement recipient wants to go through.

So What Now?

If you are the recipient of a Stryker LFIT V40 femoral head subject to this recall (or believe you may be), you should see your orthopedic surgeon as soon as possible, regardless of whether you’ve experienced problems with your hip replacement.

If you have suffered some of the symptoms described in this blog, you may want to consider having your situation reviewed by a competent product liability attorney. You may call me at (919) 830-5602 or send me a message. Either way, good luck.