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Smith and Nephew Hip Replacement Newsletter.
Smith and Nephew
Motion to Consolidate
Levin Papantonio has filed a motion to consolidate all Smith and Nephew R3 and BHR metal-on-metal hip implants in the state court of Tennessee in Shelby County.
Smith and Nephew metal-on-metal hip implants are currently affecting thousands of patients suffering from severe side effects across the United States. These devices are failing at a rate much higher than expected, posing serious health problems.
Smith and Nephew continued to market these products in disregard to reports that showed metal-on-metal hip implants failing at a higher rate than metal on polyethylene hip implants and causing excessive cobalt and chromium ions being released into the body.
Read more here http://us4.campaign-archive1.com/?u=9255428b29c9c8bc4f4468660&id=8bf878c77a&e=92a5d8d99e
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hbs924 said:
Why is the Birmingham Hip Resurfacing Device (BHR) being excluded from this law firms litigation?
It is metal on metal and it has data to support a failure rate that exceeds the acceptable failure rate.
brooks said:
Because of the PMA, Howard, the totally bogus ‘existing case law’. It’s the same reason we were both dropped before from our firms, because you simply can’t get around our SCOTUS (at least five black robes cloaked in corporate corruption.
People with the BHR THA are the only ones how these guys have been able to get around the PMA with, inasmuch as there are other parts involved (Co-CR Head, long femoral stem, etc. Those parts constituent a different animal, so to speak, and though they tried mightily S&N couldn’t stop the truth from coming out. Many of the parts in my BHR THA were not BHR, not even the BHR Modular Head, which was later called a generic CO-Cr Head by S&N as they stated last September that the BHR Modular Head was never approved for use in the US (A story Earl broke and which helped immensely in all of this for BHR THA folk (It is from September 2012, spoken by S&Ns Joe Metzger in NZ, and in the archive here from that month).
That was the end of their all-inclusive PMA on a product never approved in Vivo – only the BHR Acetabular Cup, and because the generic head and their Synergy or Anthology Femoral stem were 510k’d through, there was a serious legal hole to drive through. It’s more bullshit for true BHR people, but thank our illustrious Supreme Court for shielding S&N with Mcminns BS PMA who have been nearly killed BHR people like you it’s a brick wall. You have clearly suffered the most. But I cannot see you getting your day in court, so heinous is the crime perpetrated against you and all BHR recipients WW.
In my mind such damage can’t be allowed to stand and the outrage will finally lead to a recall. You won’t get an attorney or any traction until that happens, neither you, Mickey, or any other PMA BHR.
Yes, it is a horrible injustice at the moment and has been throughout. While the story is good news for me — because as you’ll recall I’m a BHR THA perso,. I’m sorry for you, Mickey, and all other BHR victims the world over (and there’s no guarantee even BHR THA people will win against the 50 corporate lawyers S&N will bring to the show).
The BHR simply has to be recalled as people are learning about how it’s destroying people’s lives, leaving them totally disabled and in horrible pain. I don’t see how that can stand. Don’t give up hope man!
PS — Here is the link to our earlier thread when we were both dumped by our lawyers because of the PMA nearly a year ago, where an attorney explained the situation to me late in the string (which I couldn’t believe at the time):
https://earlsview.com/2012/06/01/howards-lament-lawyers-dodge-the-tough-jobs/
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