Cobalt Chromium Toxicity

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Wright Medical Hip Lawsuit Update



Hi, I am Stuart Talley. I am the partner responsible for the prosthetic hip litigation. I am providing an update on the Wright Medical metal on metal hip litigation. There are thousands of filed cases and they are consolidated in Atlanta, Georgia. The first Wright Conserve hip trial takes place on March 9, 2015.

Currently, there are multiple deadlines to prepare for the trial date. The first deadline is “dispositive motions”.  Dispositive motion is a motion seeking to dispose all or part of a claim. Dispositive motions are generally filed by the defendant(s).  The deadline for filing this motion is January 9, 2015. We fully expect Wright Medical to file a dispositive motion.

The next motion deadline regards a “daubert motion”. Defendants and plaintiffs can file daubert motions.  A daubert motion is a special type of motion. It is raised before or during trial, and seeks to exclude expert testimony and the presentation of unqualified evidence to the jury. There are certain circumstances where defendants and plaintiffs will submit expert testimony from doctors or scientists. The daubert motion is employed by a party to potentially exclude testimony. Daubert motion in these cases is important. Expert testimony is critical to a plaintiff’s ability to prove their case.

The next deadline is “motions in limine”. Motion in limine is a motion filed by a party asking the court for an order or ruling limiting or preventing the other side from presenting certain evidence at the trial of the case.

The daubert motions and motions in limine will be submitted at the pre-trial conference on February 26, 2015. The pre-trial conference is a hearing held before the judge. The judge typically rules on the dispositive motions, daubert motions, and motions in limine. After the hearing, you have a good idea how your case looks for the Wright Conserve hip trial. We are confident the motions filed by the defendants will be unsuccessful. The cases are very strong and we think the first case going to trial will be successful.

Wright Medical Hip Lawsuit: http://www.gand.uscourts.gov/mdl/wright_medical.html

Wright Profemur and Conserve Plus Litigation Update


On September 15, 2014, approximately 800 claims regarding the Conserve hips were filed against Wright Medical Technology Inc. in the ongoing multidistrict litigation (MDL) in U.S. District Court, Northern District of Georgia (In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL No. 2329). As trial proceeds, filings continue to grow on behalf of individuals who suffered painful injuries associated with the Conserve hips as well as the Profemur hip replacements. The injuries sustained from the Conserve metal-on-metal hips include early device failure, femoral neck fractures, and metallosis.

The Wright Profemur and Conserve Plus hip lawsuits allege the hips caused serious complications as a result of elevated levels of metal ions, like cobalt and chromium, released from the hips. Currently, the court has selected a case for the litigation’s first bellwether trial scheduled for March 2015.

Recent studies demonstrate patients implanted with the Wright Profemur and Conserve Plus hip replacement systems often experience early failure and femoral neck fractures. Specifically, both these devices are “metal on metal” hips and recently the subject of much controversy. Under certain conditions, metal on metal hips can release metal particles into the hip joint and surrounding tissue. When this occurs, patients may experience significant pain in the hip joint resulting from the body’s reaction to the metal particles released into the hip. This condition is known as “metallosis” and often results in permanent damage to the hip joint.

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