Pope McGlamry: $11 Million Verdict in First Wright Conserve Hip Bellwether Trial
ATLANTA, Nov. 25, 2015 /PRNewswire/ — On Tuesday, November 24, 2015, the jury in the first federal bellwether trial against Wright Medical Technology, Inc. for product liability and misrepresentation claims relating to their Conserve metal-on-metal hip implant device, awarded $11 million in favor of Plaintiff Robyn Christiansen. Following a two week trial and three days of deliberations, the jury found that the Conserve metal-on-metal hip device was defectively designed and unreasonably dangerous, and that Wright Medical made negligent misrepresentations regarding the hip replacement device.
Although Wright Medical asked the jury to consider the possibility that Ms. Christiansen was partially responsible for the device’s failure, the jury assigned 100% of the fault to Wright Medical. The jury awarded a total of $11 million – $1 million in compensatory damages, plus $10 million in punitive damages – finding that Wright Medical’s conduct in regard to the device demonstrated a knowing and reckless indifference to the rights of others, including Robyn Christiansen.
Ms. Christiansen was implanted with Wright Medical’s Conserve Plus metal-on-metal total hip device in April 2006. Despite being promised the device would last a life-time, the device failed after just six years, and in 2012, Ms. Christiansen, a former ski instructor for 47 years, was forced to undergo revision surgery to remove the defective device from her body. During the revision surgery, Ms. Christiansen’s surgeon documented tissue necrosis and fluid buildup, as well as signs of metallosis, all symptoms caused by metallic particles and metal ions generated from the metal-on-metal device and released into the surrounding tissue and bloodstream.
Source: Pope McGlamry: $11 Million Verdict in First Wright Conserve Hip Bellwether Trial — ATLANTA, Nov. 25, 2015 /PRNewswire/ —
Bravo to that jury! The affects of metalosis goes beyond just the area of the implant. If the manufacturers had been honest about the dangers, by testing thoroughly thousands of patients would NOT have had their lives disrupted, bearing pain, and for many losing their normal mobility !
I applaud the jury and hope Ms. Christiansen can get some money soon. I fear an appeal and years of foot dragging. Many of us that had Biomet MoM agreed to settle. It took 93% to says yes. Think Biomet miscalculated and figured there wouldn’t be 93%. Then thanks to some judge, probably now living in a Villa in the Caribbean, they were allowed to rescind the settlement. After nearly 2 years they picked apart any medical records and found any reason to disallow individuals participation. Either I was lied to by lawyers or they were incompetent. In my case the revising surgeon made some reference to slight misalignment. 10 X-rays and 4 MRIs over 6 years of hell and none saw any misalignment. So after being told more therapy time after time, maybe there was some eventual misalignment. Of course in Colorado there is two years to go after malpractice. Blame it on the surgeon that recommended the piece of crap Biomet. Amazing that he left the orthopedic clinic practice in Steamboat to pursue his own private practice. CYA at it’s best! So many of us are left out in the cold, because the law firm settled and recovered their cost and we get a pittance with a letter stating take it or leave it but they would no longer represent at least me. Assume others got similar! Wonder if they(lawyers) now own the villa next to the judge and the neighborhood probably includes management from the FDA. Am I bitter? You damn right! 214 lbs. to 168 lbs. with one lung left and a revised hip that just won’t settle in. Had to sell most everything and move to sea level. Counter is full of pills for lung embolism prevention, and feet edema sensory nerve damage. Getting a divorce to make sure my spouse would not get stuck financially if this eventually gets worse. For anyone with any brand MoM, good luck. However the system in the good old US of A is stacked against the little guy! Corporate pockets are deep!
And in Australia what do we get from Johnson and Johnson buggar all. I will die angry, crippled and broke. Trying to get money from their lawyers is like trying to get blood out of a stone, so I have given up. Now paying my own physio, medical, pain killers and household help. Now and again it all gets too much for me and I sit down and cry. Just so unjust.
I hear you loud and clear
Pope Mcglamry did a good job for me in an ASR XL settlement.
I hear you loud and clear
I am happy to hear justice delivered ,at least they were able to get help where I cannot get any attorney to help me with a mixed component hip and revision surgery. I hope this person does well .