Cobalt Chromium Toxicity

Potential for Zimmer Persona Knee Failure


Zimmer Persona Knee Recall: Why was the Zimmer Persona implant removed from global distribution?

The Zimmer Persona Trabecular Metal tibial plate (device used in knee replacements) was recalled because there is a higher than expected rate of complaints for loosening of these implants. If an implant lacks appropriate fixation, it can cause the patient to experience pain and, in the long run, necessitate revision surgery. This Zimmer Persona Recall affects thousands of patients. If you, or someone you know, is affected by a recalled Zimmer Persona knee, the pertinent information compiled on our site can guide your next steps.

Zimmer Inc., manufacturer of the Persona, issued a hazard alert for the devices. Affected health Professionals (hospitals and surgeons) and distributors were sent Urgent Medical Device Recall notices via mail on February 16, 2015. As of March 16, 2015, there are approximately 40 complaints worldwide of loosening involving the Persona, of which 16 underwent revision surgery. The most common cause for revision of knee replacements using these devices is loosening of the cementless components.

Zimmer Persona Knee Problems: Symptoms, Signs and Complications You May ‘Or May Not’ Be Aware Of

Some patients experience component loosening manifesting in pain, difficulty walking, and/or decreased mobility. However, some patients have no symptoms. In any case, serious, underlying health problems from implant failure result in a plethora of harmful side effects including:

  • Knee pain
  • Malalignment
  • Loosening of the knee replacement
  • Poor component fixation
  • Knee replacement failure
  • Decreased mobility
  • Pain with mobility
  • Revision surgery

Do you have an advocate working on your behalf for your Zimmer Persona knee problems? All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page or we invite you to give us a call, toll free, at 888-817-2527 for a confidential case review.

Zimmer Persona Knee Recall


Zimmer Inc. released the Persona Knee implant for Total Knee Arthroplasty (TKA) in March 2012. They marketed the product stating, “Zimmer is redefining knee arthroplasty and ushering in a new era of personalization with the introduction of the Persona Knee.”

On March 12, 2015, Zimmer Inc. recalled the Persona Knee after less than three years on the market. The recall includes approximately 12,000 implants sold throughout the United States. The recall was initiated because the knees are prone to loosening, resulting in severe pain for the patient and a subsequent need for revision surgery. 

Zimmer Recalls Persona Knee Implant

Zimmer Inc. issued a voluntary Class 2 recall of the Persona Trabecular Metal Tibial Plate. Recall notices were sent to affected distributors, hospitals, and surgeons in February.

According to the Food and Drug Administration (FDA), the manufacturer received “An increase in complaints of loosening and radiolucent lines.”  Radiolucent lines are defined as radiolucent intervals (measured in millimetres) between the cement and the bone. They are transparent to X-Rays. Radiolucent lines are symptomatic of a poorly-fixated knee implant, malalignment, and premature or aseptic loosening. Progressive radiolucent lines are commonly associated with early failure of the acetabular component of the knee implant. Component loosening and polyethylene wear may be attributed to the cementing technique and/or implant design.

The Australian Government released a hazard alert stating, “Out of the 0.61% complaints received, 36% identified symptomatic radiolucent lines or were revised for loosening, and 28% identified asymptomatic radiolucencies.”

Your Options & Filing a Zimmer Persona Knee Lawsuit

Zimmer advertised on their website, “The Persona System makes the most clinically successful knee replacement more personalized than ever by focusing on the unique needs of the patient, surgeon and institution.”  Unfortunately, individuals implanted with this defective device experience serious problems and may require revision surgery.

We recommend following up with your orthopedic surgeon regarding this matter. Consider requesting that your orthopedic surgeon order an X-Ray  or other radiological study in order to evaluate the current status of your Zimmer Persona knee. We believe it is in your best interest to have your knee evaluated due to the fact the implant can lead to loosening failure mode and contribute to the need for revision of the total knee arthroplasty.

Contact our attorneys today if you experienced the following issues:

  • Knee pain
  • Malalignment
  • Loosening of the knee replacement
  • Poor component fixation
  • Knee replacement failure
  • Decreased mobility
  • Pain with mobility
  • Revision surgery

We help individuals injured secondary to the Zimmer Persona and accept product liability cases nationwide. If you or a loved one was injured from a defective knee replacement,  call our lawyers immediately for a free case consultation at 888-817-2527, or fill out our confidential online form.

Smith & Nephew R3 Recall


The Smith & Nephew Reflection 3 (R3) Acetabular Hip was approved via the Food and Drug Administration (FDA) 510k process in 2007. Smith & Nephew Orthopaedics issued a recall for metal liners of the R3 acetabular system on June 1, 2012. The use of Smith & Nephew R3 in total hip replacements is associated with a higher than expected number of revision surgeries, prompting a market withdrawal of the devices.

The metal-on-metal liner is linked to various health issues including but not limited to:

  • infection
  • dislocation
  • metal sensitivity
  • loosening/lysis
  • fracture
  • difficulty walking and pain

Smith & Nephew recommends physicians maintain their typical follow-up protocol for patients who have undergone total hip replacement or resurfacing surgery and implanted with the Smith & Nephew R3. However, this advice can have adverse long-term consequences, both physically and financially.  You should immediately have your blood tested for cobalt and chromium whether or not you have pain, and/or swelling or other unexplained symptoms. Patients with cobalt and chromium levels above 0.3 micrograms per liter (mg/l) or parts per billion (ppb) require monitoring since these levels are abnormal.

You may be entitled to compensatory damages including:

  • lost wages
  • medical expenses
  • cost of disability
  • property loss or repair
  • pain and suffering
  • loss of consortium (if applicable)

2015 DePuy ASR Settlement and Upcoming May Deadline


On February 20, 2015, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the previous settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.

If you had a DePuy ASR revised after August 31, 2013, and on or before January 31, 2015, you may be eligible for the Round 2 Settlement. Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.

The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program. The executed Master Settlement Agreement is now available on the Claims Processor website. Mr. Kershaw and Mr. Talley can help determine whether or not the settlement adequately compensates an individual’s situation.

Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney. If you do not have a case on file, it is important you get one filed immediately.

DePuy ASR Statute of Limitations



Stuart Talley is the partner responsible for the DePuy ASR litigation. There is an upcoming deadline that may impact your ability to bring a case. The deadline is the statute of limitations. DePuy recalled the ASR hip in August 2010 and this August will be 5 years since the recall. Every state has a statute of limitations, or the time period in which you can file a lawsuit from the date you reasonably suspect you have a claim.

The big issue is, “When should you have reasonably suspected you have a claim?” There are many potential start dates for when the statute of limitations begins to run. The date could be when DePuy recalled the ASR hip approximately five years ago. Another date is when you find out you have the DePuy ASR hip. It may be the date you find out you have elevated cobalt and chromium. Or it may be the date your doctor states you require revision surgery. All these examples are potential start dates for when the statute of limitations starts to run.

If you have a DePuy ASR hip, and you have not undergone revision surgery, it’s important to get a case on file immediately. The sooner you get a case on file the better. If you have a case on file, and your hip is not revised, DePuy allows you to dismiss that case and toll the statute of limitations. Tolling the statute means it does not run (running of the period set forth by a statute of limitations is paused or delayed). So, if you have a case on file, you can dismiss it. And say, hypothetically, you need revision surgery one year from now. You can subsequently refile your case as if it was never dismissed and proceed with your case. If you do not have a case on file, you do not get the benefit of the tolling agreement.

If you have a DePuy ASR hip (unrevised or revised), and you do not have a case on file, feel free to give us a call. Our attorneys are happy to explain this in more detail, and provide an analysis of your state’s law regarding the statute of limitations. We will help protect your rights.

DePuy ASR Settlement Extended!



Stuart Talley is the partner responsible for the DePuy ASR litigation. DePuy established a new settlement program resolving a large number of ASR hip cases currently pending around the country. As you may know, DePuy previously agreed to a large scale settlement for individuals who underwent revision surgery. The settlement was approximately $3.5 billion. This settlement only covered people who had revision surgery before August 31, 2013. After this date, many people had revision surgery. It’s estimated over 1500 individuals had revision surgery. The big question on everyone’s mind is, “What will DePuy do for those individuals?”

We received news that DePuy is willing to compensate those people. This new settlement agreement is nearly identical to the previous settlement. Essentially, the settlement starts at $250,000, and this value decreases or increases depending on various factors outlined in the agreement. You are entitled to participate in the new settlement program if you had revision surgery before January 31, 2015 (the cutoff date for eligibility is this date).

Additionally, this settlement offer is voluntary. No one is required to take the settlement. If you believe your case is worth more than the settlement offers, you do not have to take it and can proceed with your lawsuit. Our firm has clients from the first round of settlements who elected not to take the settlement. We are attempting to get trial dates for those clients.

If you have a DePuy ASR hip, and what to know more about the settlement, contact us for a free case consultation at 888-997-5170, or fill out our confidential online form.

DePuy ASR Settlement Round 2 Enrollment!


This week, DePuy Orthopaedics Inc. announced it is extending the DePuy ASR settlement program for a new group of plaintiffs who were excluded from the settlement announced in November 2013. This new settlement is referred to as the “Round 2 Settlement”. The enrollment deadline for Round 2 of the U.S. DePuy ASR Settlement Program is May 1, 2015. The Settlement Program is a voluntary program and was established via the Settlement Agreement dated November 19, 2013. The Settlement Agreement is between DePuy Orthopaedics, Inc. and the plaintiffs. It is meant to compensate eligible DePuy ASR patients who underwent revision surgery (replacing the hip), during certain time periods as outlined within the agreement.

If you had your DePuy ASR revised after 8/31/2013, and on or before 1/31/2015, you may be eligible for the Round 2 Settlement.  Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are now eligible to participate in this new round of the settlements.

The settlement terms for Round 2 are nearly identical to the terms from the prior U.S. DePuy ASR Settlement program.  The executed Master Settlement Agreement will post on the Claims Processor website in a few weeks. Our attorneys can help determine whether this settlement is right for you, and if the settlement adequately compensates your individual situation.

Under the Settlement Agreement, there is a significant deduction for plaintiffs who are not represented by an attorney. In fact, unrepresented plaintiffs will receive approximately 34% less than those who have an attorney.

If you do not have a case on file, it is important you file one immediately. It is necessary to update Registration on or before April 2, 2015, pursuant to the terms of the Round 2 Master Settlement Agreement.  Our attorneys will help get your potential case on file, and make sure your information is up to date, specifically for those individuals eligible for Round 2.

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 817-2527, or fill out the confidential contact form found on this page.

Bloomberg: J&J to Pay as Much as $420 Million More in ASR Hip Accord

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You can visit the U.S. ASR Hip Settlement website at  www.usasrhipsettlement.com.

DePuy ASR Hip Settlement Program Extended!


On February 20th, DePuy Orthopaedics, Inc. and the Settlement Oversight Committee announced they reached an agreement extending the existing DePuy ASR Hip Settlement Program to individuals implanted with ASR hips who underwent revision surgery (surgery replacing the implant) on or before January 31, 2015.

Attorneys William Kershaw and Stuart Talley represent numerous clients implanted with DePuy ASR hips. Many of our clients enrolled in the first round of the settlement, which was open to individuals who were revised on or before August 31, 2013. Therefore, our clients and individuals who underwent revision surgery after September 1, 2013 until January 31, 2015 are eligible to participate in this second round of the settlement. Further program details and additional information regarding the settlement extension will be available in the next few weeks (www.usasrhipsettlement.com).

If you were implanted with an ASR hip, contact our firm for a free case consultation. You can call us, toll free, at (888) 997-5170, or fill out the confidential contact form found on this page.

Article: J&J to Pay as Much as $420 Million More in ASR Hip Accord

joint-status-report-re-settlement-program

 

Stryker Settlement Deadline: Extended to March 16th!


There are approximately 6,000 Stryker Rejuvenate and ABG II cases now pending around the country; most are in Minneapolis, Minnesota. Stryker made a global settlement offer for individuals who underwent revision surgery (replacing their Rejuvenate or ABG II hips) prior to November 3, 2014.

The Stryker Settlement deadline (i.e. deadline to participate in the settlement) is now extended until March 16, 2015. There are specific requirements to fulfill before the settlement deadline. Various forms and documents (e.g. medical records) need to be submitted to the settlement claims administrator by the March 16th deadline.

You must submit sufficient medical records to show you had a Stryker Rejuvenate or ABG II and it was revised for “recall-related” reasons, as defined in the settlement agreement. The medical records should show you had elevated cobalt and chromium, tissue damage,  or some other indication showing your hip was revised due to the recalled hip.

Many people ask why there is a need for an attorney. “What’s the benefit of having an attorney if I settle my case on my own? Won’t I save money doing it myself?”  The settlement agreement actually encourages individuals to hire an attorney. The process of submitting the required forms and documents to the claims administrator is arduous and complex. An attorney facilitates this process on your behalf. Under the terms of the settlement, if you do not have an attorney, your settlement amount (i.e. compensation you receive), is reduced by 32%. Most attorneys charge 33.3%. However, an attorney goes through the process of determining what the client is entitled to under the settlement. This can often be a complicated process involving medical records and interpreting the 96 page settlement agreement. We are responsible for putting together the settlement admission to the claims administrator, and insuring all the appropriate forms and documents are provided by the deadline. Failure to properly analyze the claim, or failure to submit the proper paperwork, can result in receiving less than you are entitled to under the settlement agreement or a substantial delay in your payment. Therefore, it is truly in your best interest to hire an experienced attorney to guide you through the process, and focus on your claim.

Another question is, “How do I guarantee I’m getting what I deserve under the settlement?” This is another situation where you should consider hiring an attorney. An attorney will make sure you get the most of what you’re entitled under the settlement agreement.

The settlement agreement is divided into two parts:
1) The Base Award–  this is typically $300,000.  This base award may then be adjusted downward for age and/or whether the original hip was put in to replace another hip.
2) Enhanced Benefit Matrix–  potential enhanced benefits for specific damages resulting during or after revision surgery; damages are assigned a monetary value.

 What is the timing of payment? When will I get paid?
Under the settlement agreement, the Base Award is distributed in late summer 2015 or early fall 2015. Individuals who submit all the appropriate paperwork will be paid during that time frame. However, if you do not submit the appropriate paperwork, you will move to the “end of the line”. This greatly delays the time period in which you get paid. Payments for the enhanced benefits are distributed in early 2016. These payments are also affected by how the forms are submitted. If you make a mistake, this also delays the enhanced benefit payment.

 What if I do not take the Settlement? What if the Settlement is not right for me?
If you fall into this category, you essentially have one option. Your option is continuing with your lawsuit, if you have one on file. If you don’t have one on file, you need to file a lawsuit immediately. You do not have to take the settlement; the settlement is only an offer. No one is required to take it. We have many clients who are not taking the settlement. We intend to pursue their cases, attempt to get trial dates, and hopefully get them a verdict more than the settlement or a future settlement more than what is currently offered.  Some people are not taking the settlement because it just doesn’t work for them.  There are individuals suffering problems after revision surgery resulting in permanent injuries (e.g. chronic limps, lifelong pain medication). They have significant damages not adequately compensated by the settlement.

If you have a Stryker Rejuvenate or ABG II hip, and are experiencing any problems, feel free to give us a call. We can also help with the settlement and how to process the appropriate paperwork and navigating the deadlines. We have an upcoming deadline on March 16th. Don’t wait until it’s too late, act now.

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