Smith & Nephew Hip Replacement Lawsuits
People have filed Smith & Nephew hip replacement lawsuits because the manufacturer’s metal-on-metal devices led to metallosis and other serious complications. Smith & Nephew has recalled thousands of R3 Acetabular Hip Systems, Modular SMF and Modular Redapt Revision Femoral Hip Systems over design and performance issues.
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Smith & Nephew Hip Lawsuit Overview
Plaintiffs in Smith & Nephew hip replacement lawsuits claimed the defective metal-on-metal design of these hip implants led them to suffer injuries including early failure rates, pain, bone and tissue death and metallosis. Metallosis is an inflammatory reaction that occurs because of the release of metal debris from metal-on-metal components in hip implants.
Metal-on-metal hip implants are designed with two or more metal surfaces rubbing against each other. When these components rub against each other, they release tiny metal particles that enter the bloodstream and the tissues around the implant. Some more recent studies reported on cases of metallosis in metal-on-polyethylene (plastic) implants as well.
- Destruction and loss of bone tissue (osteolysis)
- Masses called pseudotumors that develop in the tissue around the implant
- Metallosis, an accumulation of metal particles in the blood and around the implant
- Pain
- Revision surgery for complication from a Smith & Nephew hip implant
- Tissue death (necrosis)
Lawyers are taking cases where plaintiffs implanted with Smith & Nephew hip devices had revision surgery to correct implant-related complications. They are also taking cases for people who suffered elevated levels of cobalt and chromium in their blood because of their hip implant.
- Metallosis
- New pain at the implant site, feeling off-balance, skin rash near the implant site, kidney and thyroid dysfunction, memory issues
- Osteolysis
- Fever, nausea, swelling at the implant site, decreased range of motion
- Psuedotumors
- Pain around the hip or groin, swelling at the site or in your feet, decreased range of motion
- Tissue Death
- Constant pain at the implant site or pain when the site is pressed, inability to use the affected joint
Your doctor can order a blood test to detect the levels of cobalt and chromium in your blood. If you experience new or worsening pain at the site of your hip replacement, you should consult your doctor as soon as possible.
Smith and Nephew Hip Replacement Lawsuit Updates
As of December 2024, there were three active Smith & Nephew Birmingham Hip Resurfacing hip implant lawsuits pending in multidistrict litigation. Multidistrict litigation (MDL) is a large group of cases with similar facts and defendants. Judges consolidate these cases from state courts across the country into one central location to help streamline the litigation process and save on resources and costs.
The Smith & Nephew cases were consolidated into MDL 2775 before Sr. District Judge Catherine C. Blake in Maryland federal court. You can find the full docket for this MDL on pacer.gov. The docket number is 1:17-MD-2775.
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December 2024
Only three active cases remain in MDL 2775. If these cases remain unresolved for too long, they will likely be sent back to the original federal courts they were filed in before they were transferred to the MDL. In October 2024, Judge Blake issued an order stopping new cases from being transferred into the MDL. The MDL only remains open for administrative matters. However, lawyers continue to take new Smith & Nephew claims to file in various federal courts nationwide.
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November 2024
Several cases were dismissed this month after being settled for confidential amounts. Since no new cases are being transferred into this MDL, it will likely close within the next few months.
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October 2024
This month, the number of active cases left in the MDL fell to just two. Smith & Nephew has been working to resolve these cases over the last few years. At the end of this month, MDL Judge Catherine Blake issued an order closing the MDL to new filings because keeping the MDL open would not benefit any remaining parties. Blake said any new cases filed will remain in their respective federal courts nationwide. The MDL will remain open only for administrative matters.
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May 2024
Ronald J. Kraemer became the latest person to file a lawsuit against Smith & Nephew in the MDL. Cases continued to transfer into the MDL from state courts.
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January 2023
Judge Catherine Blake signed several orders dismissing cases from plaintiffs who had settled their cases for confidential amounts.
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May 2022
Judge Blake granted a motion for summary judgment in Hand v. Smith & Nephew, Inc., and the case was closed. The judge determined that the plaintiff did not properly support their claims.
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February 2022
Judge Catherine Blake dismissed some claims from about 175 male plaintiffs who alleged their implants were defective. However, Blake ruled that claims for misrepresentation and breach of express warranty could go forward.
Attorneys have also filed claims over Smith & Nephew’s Modular SMF and Modular Redapt Revision Femoral Hip. The company recalled nearly 12,000 of those devices in 2016.
Over the years, Smith & Nephew quietly offered confidential group and individual settlements in actions over its R3 Acetabular Hip System, the Brimingham Hip Resurfacing System and Brimingham Hip Modular Head, according to the company’s 2023 Annual Report.
- Three Causes of Action
- Strict Products Liability
- Design Defect
- Failure to Warn
- Design Defect
- Implant’s “metal-on-metal” design caused cobalt and chromium ions from the implants to migrate into surrounding tissues
- Plaintiffs were not warned about the risks of metal-on-metal devices
- Plaintiffs were told implants would last longer than similar implants
- Injuries
- Symptoms included pain, metallosis and bone and tissue necrosis. These resulted in one or more revision surgeries to correct these complications.
Smith & Nephew Hip Implant Lawsuit Stories
Thousands of people who received Smith & Nephew hip implants filed lawsuits against the company. They suffered severe complications that led to one or more revision surgeries.
Case Studies
Louisiana resident Ronald J. Kraemer had the R3 Acetabular System implanted in his right hip on April 5, 2010. He filed a lawsuit against Smith & Nephew in May 2024. Ultimately, the company settled with him for a confidential amount, and his case was dismissed in November 2024.
Kraemer’s surgeon told him his new hip implant would give him greater stability and mobility and allow him to continue to participate in physical activities, according to the lawsuit. The surgeon also told him the R3 Acetabular system would last longer than similar implants on the market.
Unfortunately for Kraemer, he suffered complications, including pain, metallosis, pseudotumor, limited mobility and severe pain. Pseudotumors are inflammatory masses that develop in the tissues around an implant. They cause pain, instability, neuropathy and loosening of the implant that frequently leads to early revision surgery.
Kraemer underwent three revision surgeries. The first was in August 2023, the second in January 2024 and the third in February 2024. His complaint noted that surgeons found “significant metallosis and debris including a large pseudotumor indicative of metal-on-metal reaction as the result of premature failure of the device.”
In January 2011, Alberto Grazia received a Smith & Nephew hip implant at Euclid Hospital in Euclid, Ohio. A Birmingham Hip Resurfacing (BHR) system replaced his right hip. Grazia’s left hip was also replaced with a BHR system in July 2011.
Grazia endured severe pain after his second hip implant. It was so bad that surgeons had to replace his left hip implant in April 2016. In December 2016, Grazia filed a lawsuit against Smith & Nephew. It was later included in the MDL over BHR implants. He claimed “metal shedding debris” from friction between the hip-replacement parts led to his persistent pain.
The lawsuit claimed that at the time of the device’s recall in 2015, there had been 288 “‘device problems’ with the BHR, including numerous safety problems related to ‘metal shedding debris’ and other symptoms typical of metal-on-metal device failure.”
Ultimately, Grazia settled with Smith & Nephew for an unspecified amount, and his case was dismissed in August 2023.
Smith & Nephew Models Named in Lawsuits
Smith & Nephew hip implants named in lawsuits have been the subject of hip replacement recalls or reports of serious complications such as loosening, fractures or the need for revision surgery.
| Smith & Nephew Hip Model | Problems Reported |
|---|---|
| Birmingham Hip Resurfacing (BHR) System | Infections, fractures, dislocation, metallosis, pseudotumors and other issues requiring revision surgery |
| R3 Acetabular System | Metallosis, pseudotumors, infection, pain, decreased mobility and device dislocation |
| Modular SMF | High volume of complaints and adverse events, pain, decreased mobility, swelling and metallosis |
| Redapt Revision Femoral System | High volume of complaints and adverse events, metallosis, corrosion, tissue necrosis, pseudotumors, dislocation |
| Emperion Hip System | Reports of failures resulting in fractures and need for revision surgery |
Lawyers continue to accept cases for Smith & Nephew implants, though some lawyers only accept cases from people with Modular SMF or Modular Redapt systems. Make sure you sign up for a free case review with Drugwatch or a law firm of your choosing to find out if your Smith & Nephew implant is eligible for a lawsuit.
Smith &Nephew Kickback Lawsuit Settlements
In addition to settlements paid to resolve individual injury lawsuits, Smith & Nephew has spent millions to settle past claims of wrongdoing brought by the U.S. Department of Justice.
In 2007, the company paid $28.9 million to resolve an alleged kickback scheme. The federal government had accused the company of paying doctors to use its devices.
In 2014, Smith & Nephew settled another case with the federal government for $11.3 million. The lawsuit involved devices sold to Veterans Affairs hospitals. The contract required components to be made in the U.S.
However, federal investigators claimed Smith & Nephew passed off Malaysian-made implants as American-made.
Editor Lindsay Donaldson contributed to this article.
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