USA Smith & Nephew BHR Lawsuit
There are a large number of people who have suffered from adverse effects as a result of failed or failing BHR implants. The National Joint Registry of England and Wales has shown that the 42mm femoral head component has a 7 year revision rate of 11.76%.
It is understood that no class action is being brought in the US at present against Smith and Nephew.
Irwin Mitchell LLP, one of the largest law firms in the UK and its defective product specialists are putting together a list of US individuals who are interested in pursuing a claim against Smith & Nephew in the US.
Those who wish to be added to the list will have been provided with a BHR 42mm femoral head and have had revision surgery or will require revision surgery due to suffering from an adverse reaction to the metal debris.
For further information please contact Kevin Timms by email: Kevin.Timms@IrwinMitchell.com or follow this link to our online enquiry form:
Kevin Timms, Solicitor
Tel. 0870 1500 100
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Rick Gatje said:
Kevin my name is Rick Gatje and I live in the U.S. I had two BHR systems implantd, one was a 50mm femoral head and the other was a 54mm head. I had revision surgery on both of them within 5 years. I believe the 42mm head was recalled so those people are already being helped, what about the rest of us with different size heads, they are just as bad as the recalled system. Let me know if this is something else that they will be looking into.
Kevin Timms said:
Thanks for your comment. At present, the 50mm seems to sit between the revision rates of the 42 and 54mm femoral head. As time passes, more information will come out about the accuracy of revision rates and the picture becomes clearer each year the England and Wales National Joint Registry Report is released.
Linda Kobernik said:
Looks like slowley but surely, all the diff brands are failing..so eventually none of the joint parts will b out of the “” omg! I hav that part in my body”” defective parts race.. ihav a hip, a sholder,& a knee..soon to add to that list, the other side of my body…the other sholder, the knee, & the otherhip… & @ the rate that these parts r failing… i will never b done with my surgurys… my dr.s only do 1 “”part”” a year.. nobody wants surgury every year..especially this kind… so yea, i m a lil worried.
Rick here from the uk.
We that don’t fit into the selected few that are having trouble will just have to suffer until ours are recalled. But buy then it may be to late for us to have a normal life with out the constant fear of what’s happening to the inside of our body’s that can never be repaired.
I had mine fitted in 2011 just after the problems came to the public domain. There was no information passed onto myself by my surgeon regarding the up and coming problems before deciding to go ahead with the procedure. I totally trusted and believed in my surgeon that he was doing what was best for me . Shortly after the operation ( around 6 months ) I have never felt the same and have had many new medical conditions arise all to which no test can reveal what’s causing them
I have already had one test for the usual condition and I guess I’m scheduled for test 2 the Friday the 13th of this month. However there is no information on my letter as to why I’m being asked to go in .
So don’t worry Rick , your not alone when you don’t fall into the don’t want to Know category , There are thousands of people like us that will be left by the way side .
Rick ( UK )
Rick Gatje said:
Thanks for the support and good luck. Surgeons don’t want to give out too much information
Camille Petrillo said:
Hi Everyone, My atty, Joe Lyon, of the Lyon Firm, Cincinnati, Ohio, wants to connect with Irwin Mitchell in UK. Because of the preemption law, as we all know, we cannot litigate here now. Joe thinks we have a shot of doing it there, but, PLEASE, contact them and get on their list! I wrote to Kevin Timms yesterday, and also immediately heard back from his paralegal, Adeel Khan. Also, if you know anyone else outside of Earl’s site, make an appeal to them. If Mitchell has enough names from the US, they will see it as a viable case.
Yesterday, I spoke to someone at the FDA, a Consumer Complaint Coordinator, and requested a Face-toFace with someone higher up, in a plea to have human interaction, and tell my story–she said it would be impossible, but that is a crock. I am trying to compile my list as well, so, please write me with your info if you haven’t already. Even if your Statute of Limitations ran, or is running, out (mine is getting close) please let’s see justice done. Thank you, Best, Camille
Kevin Timms said:
Thanks for your post. Please feel free to pass my email address on to your lawyer: Kevin.Timms@IrwinMitchell.com
I’d be more than happy to have a discussion.
Connie Marotta said:
I just emailed Kevin – we’ll see if I hear back.
Connie Marotta said:
Opps – sorry, Earl. I meant to email my husband but that’s fine if you know too – hope something comes of this!
michael thompson said:
I had Birmingham resurface in 2010 and now scheduled for revision in july bone loss high chromium level
Reblogged this on Earl's View.
Michael sisler said:
I had the resurfacing done in jan of 2011. Sept 2 of this year I had a revision to replace the implant that failed. I had elevated chromium and cobalt levels and chronic pain in the pelvic area. Once the implant was removed it had signs of being worn I had ubnormal bone growth. Pretty sad for a product that was to last 10 to 15 years. The sad thing I have the exact same thing in my right leg. Is this thing going to fail too? Scary and sad no one can help. Even though the “FDA” approved it someone should be able to do something. Tired of hearing sorry basically your ” shit out of luck”
Rick Gatje said:
I can feel your pain. I found the part about the abnormal bone growth interesting. I had excessive growth around the left side implant which after 7 hours of the of trying during my revision that they could not remove the cup without shattering my hip. There for I have two cups on my left side with the hope that they hold together. Damn S & N
Lisa Wood said:
My husband had a Smith & Nephew MoM hip replacement in the US on 1/21/14 which started clicking a few weeks ago and is causing pain. Blood tests revealed high levels of chromium and cobalt and needs a revision. he received a 54 head with a 62 cup. He went in for a Birmingham Hip resurfacing but ended up with a THR. The surgeon left the BHR cup in place when he aborted the resurfacing and did the THR. Has anyone had any success in getting around the pre-emption law by proceeding in the UK?
richard swatek jr said:
July 29, 2015
Attention all FDA and State regulatory agencies including SEC & IRS
Notice of Failure: Smith and Nephew BHR
Notice of Medical Fraud: Dr. John Rogerson
Notice of E&O/Medical facility Malpractice: Meriter Hospital, Madison WI
Madison WI Doctor Rogerson http://www.orthoteam.com did a Smith & Nephew (S&N) FDA new approved Birmingham hip resurfacing replacement (BHR) in right hip January 30, 2012 femoral head size 46 on Obese Male. (S&N candidate selection excludes obese candidates on its website) at Meriter Hospital.
Even though patient instructed Doc Rogerson to implant a proven total bio met hip. Doc said he would have both ready but upon opening me up I was a better candidate for the new BHR resurfacing? I strongly suspect the Doc’s motivation was the kick back money S&N is paying Rogerson, exacerbated by Rogerson use of Meriter Hospital being canceled, forcing him out of the hospital jeopardizing his private practice. Note: S&N previous SEC & IRS violations and conviction.
Since the BHR I have had sharp stabbing groin pain, grinding, and squeaking resulting in numerous falls, (one fall off the boat dock, which almost killed me) and disabled. On 5-20-2015 it was revised by Dr. Illgren Orthopedic Professor at UW Hospital (He was the only Doctor that would treat failed implant patients in the Madison area). Upon revision Dr. Illgren said the hip problem was impingement resulting from not being a candidate for the prosthesis and also suspects that metal hip might have a blemish/imperfection, “as the tolerances are just to tight with metal on metal”.
I awoke after the revision surgery with the same groin stabbing pain and immediately learned Dr. Illgen did not remove the acetabular BHR cup due to concern of pelvic fracture, bone loss by the procedure and complexity of the BHR cup not present with other Manufactures cup. I am signing the forms to get possession of the product upon removal. I was told by Dr. Rogerson the selling point of the S&N BHR resurfacing is that if you ever need another replacement that is still possible since the femoral head is intact etc. Now I am told that is not really true because of the BHR cup not being able to be removed without huge pelvic bone risk.
June 2015 FDA & Smith & Nephew notified Doctors to recall all BHR products size 50mm and below (mine was 46mm included). This was just weeks after what was a partial revision. Note I was not notified directly because Doctor Rogerson who knew of the failed BHR hip never reported it as such according to medical records. Rogerson immediately refers a patient with issues out of his practice to another medical facility for injections, etc. and washes his hands of problem patients then boasts on his website “over 800 BHR successful surgeries”. Dr. Rogerson’s choice to ignore mfg protocol at Meriter Hospital motivated by S&N kickbacks has me in daily pain and life altered, disabled.
I have requested Smith & Nephew upwards of 21 times to inform me what Surgeon, Hospital etc. is doing the most full revisions with removal of the BHR acetabular cup and what tools/equipment they are using. They ignore my requests for help even though they are the keepers of this information via the FDA 483 requirement, which is to notify S&N upon failures. With the arrogance and lack of integrity found at BP petroleum, British based Smith and Nephew ignores helping those people it injured with its products and marketing.
Please, I need your help!
509 Jenna Way
Dane, WI 53529
so sorry to hear about this – I have just put your comments on our Facebook page – and invited you to the group – there are lots of knowledgeable members who will be able to provide advice.
rick gatje said:
I read your story with great interest. I had two failed bhr which both needed revision surgery within 5 years. My left side like yours they were not able to get the cup out. My femoral head I believe was a 54 mm. So I now have two cups on my left side which the doctor hopes will hold up and so far so good. But he did tell me that to get the cup out they would have to shatter my pelvic area. Good luck to you and let’s hope things get better.