Looking to File a Smith & Nephew R3 Lawsuit?
Our Attorneys Answer Frequently Asked Questions That Can Help You Recover
In 2007, the U.S. Food and Drug Administration approved the design and distribution of Smith & Nephew’s R3 Acetabular hip replacement. Five years later, due to an issue with the metal lining of these hip replacements, Smith & Nephew issued a recall. Unfortunately, as with many recalls, this was not put into effect before innocent people were negatively affected. If you are the recipient of a Smith & Nephew R3 hip replacement, and have been experiencing pain, then it is imperative that you get checked out by your doctor immediately. Should the doctor determine that the R3 implant is to blame, know that there are legal options that you can turn to for recovery.
Patients who need a hip replacement are already in pain and experiencing health issues. Their health is further jeopardized when they receive a defective replacement that causes negative effects. When we use products, we trust that those in charge of overseeing its design and distribution have done their due diligence when it comes to testing product safety. When they do not, innocent people get hurt. We do not stand for such a circumstance. The attorneys at Kershaw, Cook & Talley have years of experience defending those who have been negatively affected by defective hip replacements. We are no strangers to mass torts and medical device recall claims — we can help no matter the circumstances.
Smith & Nephew R3 Lawsuit Frequently Asked Questions
Since their inception, metal-on-metal hip replacements have proven to be a hazard to recipients’ health — both in the short and long-term. We have compiled a list of some questions that we have been asked frequently since starting to take these kinds of cases.
What Are Common Problems Associated With Smith & Nephew’s R3 Model?
The dangers of metal-on-metal hip replacements are becoming increasingly apparent. Smith & Nephew are not the only orthopedics company that are facing legal issues concerning metal hip replacements: Stryker Orthopedics and DuPuy Synthes Companies are among still others also facing legal allegations concerning problems caused by certain metal-on-metal hip replacements.
These problems include, but are not limited to:
- Blood poisoning caused by metallosis
- Dislocation of the device
- Bone fractures
- Pain while walking
What Damages Can I Claim During a Smith & Nephew R3 Lawsuit?
There are many factors in a person’s life that are affected when he or she suffers an injury, regardless of how the injury occurred. When that injury is the result of someone’s negligence — such as Smith & Nephew — the injured person can usually claim the following economic (tangible assets) and non-economic damages:
- Personal property damage and/or loss
- Disabilities as a result of the injury
- Pain and suffering (emotional trauma such as anxiety, post-traumatic stress disorder etc.)
- Past, present and future medical bills (including rehabilitation costs)
Depending on the circumstances, you may be eligible for these and other damages not listed here. An experienced attorney can scrutinize details in your claim to determine which damages you can pursue.
How Many People Have Filed a Smith & Nephew R3 Lawsuit?
Overall, as of August 2018, there are 437 active lawsuits — with another 418 pending — against Smith & Nephew since they recalled the R3 Acetabular hip replacement in 2012. The most common injuries cited in these suits are “loosening” or dislocation of the device, metallosis and revision surgeries to remove the implant. Most recently, people have been filing lawsuits in relation to the latest model recall from the company that involves two models, the Modular SMF and Modular Redapt Revision, which were recalled in 2016.
The R3 Is Not the Only Defective Smith & Nephew Hip Replacement Model?
No, it is not. As of August 2018, five Smith & Nephew models have been named in lawsuits.
- R3 Acetabular System. The most common reported reasons that people file lawsuits regarding the R3 are health issues regarding bone breaks/fractures, the device dislocating from its position and infection.
- Birmingham Hip Resurfacing System. This is another common model cited in Smith & Nephew lawsuits. The reported issues are much the same as the R3, but can also include more serious side effects such as tumors and metallosis.
- Redapt Revision Femoral System. This system was recalled as recently as 2016. Studies about this hip implant system reveal that recipients of this model were at higher risk of having to go through a revision surgery to remove the implant.
- Emperion Hip System. Hip implants are meant to hold up over a long period of time, with some implants lasting for 20 years or more. This hip replacement from the UK-based company is known to show abnormal wear-and-tear over a short amount of time, which causes patients to undergo premature revision surgeries.
- Modular SMF. Recalled along with the Redapt system in November 2016, this Smith & Nephew hip implant model is known to cause health issues in recipients due to metal bits flaking off the implant itself and imbuing itself in the patient’s bloodstream and/or muscle tissue. This can cause metallosis (a form of blood poisoning) and other serious health issues.
If you do not see your hip replacement model on this list, but are experiencing pain and discomfort, do not discount what you feel. It is possible that the model has been recalled (but you were unaware), or is yet to be recalled. It is no reason to ignore side effects that might be related to a corroded or otherwise defective hip implant. See your doctor immediately if you feel any of the associated symptoms.
Should I File a Smith & Nephew R3 Lawsuit?
If you believe that you are experiencing side effects as a result of your hip implant, then you should schedule an appointment with your doctor as soon as possible. Only a medical professional can diagnose such issues. If he or she determines that you are indeed suffering adverse side effects due to a defective implant, then you have the right to file a lawsuit against the company responsible for that device to claim damages (including the cost of revision surgery to remove the device). An attorney with experience in the defective medical device field will be able to help you draft a strong claim that advocates for your best interests and adequate recovery.
More Questions About Filing a Smith & Nephew R3 Lawsuit?
You have already endured more pain than you signed up for when you went in for the initial hip replacement surgery. Now, you are contending with new life stressors that you likely do not know how to deal with. It is an overwhelming situation for anyone, but you do not have to face the situation alone.
There are unique circumstances surrounding every case. If you did not find the answers you were looking for on this page, or would like to pursue legal action, we urge you to contact Kershaw, Cook & Talley to schedule a free consultation. You can contact us online or by calling our toll-free number (916) 520-6639 to schedule yours today.