Hundreds of injured Smith & Nephew hip implant patients will get a chance to move forward with their claims thanks to a judge’s ruling this week in hard fought litigation over the Birmingham Hip Resurfacing device.
The lawyers at Alex Davis Law Office played a key role in the legal battle over the Birmingham, or BHR for short. The case started more than six years ago, in early 2017 in Maryland federal court. Our firm holds a leadership position in the BHR litigation, and helped draft the legal briefs for the plaintiffs leading up to this week’s ruling by Judge Catherine Blake.
Judge sides with BHR plaintiffs
Judge Blake’s decision affects hundreds of cases where patients had the BHR device implanted prior to October 2009. Smith & Nephew argued the plaintiffs lacked evidence of the BHR’s unreasonable failure rate due to metallosis before that date. In the court’s 13 page opinion, the judge sided with the plaintiffs:
“As the court will explain, the plaintiffs have provided enough evidence for a jury to consider whether—and to what extent—Smith & Nephew knew about the risks of the BHR before October 2009. And because the Early Implant Plaintiffs have not had a fair opportunity for case-specific discovery, the court cannot say at this time whether Smith & Nephew is entitled to summary judgment as to the plaintiffs’ claims—each of which require fact-specific, context driven inquiries.
Revision surgery and metallosis tied to BHR failure
The BHR device is a metal-on-metal hip system, which carries a risk of premature failure due to toxic cobalt and chromium metal ions leaching into the patient’s body over time. Additional risks include pseudotumor, tissue necrosis, kidney damage and neurological injuries from metallosis.
Free consultation for Smith & Nephew hip claims
Lawsuits involving complex legal issues and medical device regulations require an attorney who knows the nuance of litigating a mass tort claim. If you or a loved one have a Smith & Nephew hip implant and you have questions about a potential claim, call the attorneys at Alex Davis Law at 502-882-6000 for a free consultation.