Federal Judge in Wright Medical Lawsuit Litigation Orders Discovery Plan, Sets Deadline for Bellwether Trial Selection
A federal judge overseeing Wright Medical lawsuits in the Northern District of Georgia issued two Orders in May establishing protocol for discovery and other matters related to claims over the metal hip implants.
The first, according to court documents, was announced on May 15th and set a deadline of October 18, 2013 for parties to submit selections for bellwether trials related to claims filed over the Wright Conserve hip replacement system. According to the litigation’s Second Amended Detailed Discovery Plan, all expert discovery in Wright hip lawsuits pending in this litigation, which involve the Conserve Total Hip Implant System, Conserve Total A-Class Advanced Metal Hip Implant System, and the Conserve Resurfacing System, will be completed by November 15, 2013. (In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL No. 2329).
Cases filed in this proceeding allege complications stemming from the accumulation of metal ions in patients who received the Wright Conserve.
Just two days later, a second Order was issued in response to a motion filed by the Plaintiffs’ Counsel to interview former Wright Medical employees. With the May 17th order, plaintiffs will be granted permission to conduct Ex Parte interviews, and thus, may have greater access to information relevant to their cases.
Wright Medical Lawsuits Move Forward in May
According to a regulatory filing dated April 30th, Wright Medical Group revealed it may be facing a growing number of metal hip-related claims unrelated to the Conserve. Due to the similarities between the Wright Profemur hip replacement system and the now-recalled Stryker Rejuvenate and ABG II hip stems, sales of the devices may be impacted, the filing stated. This is due to the fact that concern over cobalt chrome modular-neck products has grown since the Stryker hip recall, which affected 20,000 implants.
The April 30th filing also indicated there are more Wright Conserve lawsuits pending in California state court in addition to the cases filed in the U.S. District Court, Northern District of Georgia.
Wright Medical lawsuits allege the metal-on-metal hip devices were defectively designed by the manufacturer, and as a result may cause inflammation, infection, pseudotumors, infection, biologic toxicity and early hip failure.
The Wright Conserve hip replacement system was originally approved by the U.S. Food and Drug Administration (FDA) through its 510(k) program, which allows a product to receive clearance if its maker can prove it is equivalent to one already on the market.
File a Wright Medical Lawsuit with an Attorney at Bernstein Liebhard LLP
If you were injured by the Wright Conserve or Profemur metal-on-metal hip, you should contact a lawyer at Bernstein Liebhard LLP who can help you start the process of pursuing a claim against the manufacturer. Contact the Firm for more information at (877) 779-1414.