Zimmer M/L Taper with Kinectiv Technology Lawsuits

Like many medical devices, the scientific community thought that certain types of hip replacements such as Zimmer M/L Taper with Kinectiv Technology were a good idea when they hit the market. The technology allowed people a new lease on life, being able to replace arthritic joints with a new hip. However, like many medical devices, serious problems with Zimmer M/L Taper with Kinectiv Technology soon became apparent. The defective design of the prosthetic hip caused numerous injuries and fatalities and led to numerous product liability lawsuits. These have been consolidated into a multidistrict case that is in the middle of the discovery phase. At this point, the defendant, Zimmer Biomet, is currently fighting the lawsuits.

The Zimmer hip replacement implant device has become synonymous with high failure rates as well as serious life-threatening complications. Many victims have suffered through metallosis resulting from a rubbing of the implant in the location where cobalt-chromium alloy rubs next to titanium alloy. This can lead to corrosion and leach metal particles in the location of the implant  and in the tissue area. This can be very painful and cause serious complications.

If you have suffered life-threatening injuries such as metallosis contact a Zimmer hip replacement lawyer.. “Metallosis is a blood poisoning condition that develops when there are high levels of toxic metals in the blood. It is reputed to occur when metal particles shed from metal hip implants or other joint replacement devices are released into the bloodstream and tissue surrounding the implant.” Drug Watch  If you have suffered pseudotumor as a result of your hip implant contact us. A pseudotumor is “an abnormality (as a temporary swelling) that resembles a tumor.” Miriam webster

Hip replacements have been around since the 1980s. This technology was originally thought to be revolutionary and could restore quality of life to someone dealing with degenerative hip conditions. However, after the start of this century, it became apparent that something was very wrong. Not only were these devices failing in large numbers, but patients were being mysteriously sickened after receiving this implant.

Hip Replacements Have Been the Subject of Major Recalls

By 2010, these devices began to see large-scale recalls. Patients who had the device implanted in a prior surgery required a second procedure to completely replace their hip implant. Others suffered serious injuries before they could even receive the surgery. The Zimmer M/L Taper with Kinectiv Technology suffered a fate no different than the other metal-on-metal hip replacements. On May 18, 2015, under pressure from the FDA, Zimmer issued Class I recall notice for this particular hip replacement. At the time, there were over 500,000 of them on the market. This marked the end of sales of this particular device.

The Metal-on-Metal Design Is Allegedly Defective

Zimmer ran into the same problems as every other metal-on-metal hip implant on the market. Simply stated, metal is not intended to rub against metal in the human body. This is a design defect, and companies with huge staffs of engineers and scientists should have realized this before they sold millions of these medical devices.

The hip replacement was designed to mimic the way that the hip works inside the human body. The hip consists of a ball-like structure called the femoral head. This fits into a cup-like structure at the bottom of the pelvis. The two rub against each other inside the body, with the bones coming into contact. Accordingly, hip replacements use the ball-and-cup design.

Metal Releases Toxins into the Body When it Rubs Against Metal

The problem with the earlier hip replacements on the market was that both the ball and the cup were both made of metal. The problem is that when the metal surfaces rub against each other, chemicals are released into the body. This condition is known as metallosis. It is when there are high levels of metal toxins in the blood. Metal particles shed from the hip implant when the metal rubs on the metal, and they make their way through the bloodstream. This happens with every single step that a patient takes after a metal-on-metal hip replacement. One 2001 study showed that every step released 470,000 metal particles into the bloodstream.

The Symptoms of Metallosis

Metallosis can cause serious short and long-term effects in the body. Some of the symptoms include:

These are just some of the more mild symptoms. In severe cases metallosis can cause death. In more serious cases, the metal poisoning will cause organ damage in the body. Other patients have experienced heart failure. A 2014 study in the  European Journal of Radiology Open found that 5% of patients with a metal-on-metal hip replacement suffered from metallosis.

• Anxiety
• Groin pain.
• Headaches
• Hearing loss.
• Heart irregularities.
• Irritability
• Poor memory and mental fogginess.
• Shortness of breath

The Effects of Metal-on-Metal have been Known for Decades

As you can see from above, the problems with metal-on-metal hip replacements have long been known. The study cited above was dated back in 2001. Yet, device makers, including Zimmer continued to sell these products. Zimmer had a previous defective hip implant called the Duron, which was also recalled for similar issues. Instead of coming to the realization that it was not a good or safe idea to keep selling metal-on-metal hip implants, Zimmer simply switched to a new technology in this product line.

The company allegedly knew of the dangers of this product based on conversations with doctors. If Zimmer did not actually know, the research showing the dangers was everywhere, and the company should have known. However, Zimmer kept this product on the market right up until the FDA recall. As a result, countless patients have been sickened. Many have needed revision surgery to get a new hip replacement because the Zimmer M/L Taper with Kinectiv Technology is too dangerous to keep in the body. In effect, it is a ticking time bomb.

The FDA Fast Tracked the Zimmer M/L Taper with Kinectiv Technology

For the Zimmer Taper M/L Kinectiv, the problem was compounded by the fact that the FDA did not even have to specifically approve this medical device before it was implanted into hundreds of thousands of people. In reality, the FDA allowed it to be marketed through the 501(k) process. This is essentially an express lane where the product does not need to be extensively tested before approval because it is similar to other approved products. The problem with the Zimmer Taper M/L Kinectiv was that it was similar to other defective products.

These lawsuits have already cost the device makers billions of dollars. Companies such as DePuy and Stryker have either agreed to large settlements or have been hit with major jury verdicts because of their allegedly defective products. The total amount of money paid is approaching $10 billion. This will likely grow in the future as more plaintiffs discover that they have been sickened by the toxicity of their hip replacement.

Zimmer M/L Taper with Kinectiv Technology Is Now Multidistrict Litigation

As of March 2022, there were 290 cases that were a part of the multidistrict litigation. The cases have been consolidated in the Southern District of New York. The presiding judge in the case is the Hon. Paul A. Crotty. (Sr. District Judge) The MDL is known as MDL -2859- “IN RE: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation.”  In addition, there are over eight pending cases in state courts throughout the country.

The two parties are currently in the middle of fact discovery in the case.  COVID-19 slowed the case down because the parties were having difficulty conducting in-person depositions. With the case currently in discovery, it will still be some time before bellwether cases are selected and trial dates set. Thus, it is hard to say when these cases will be resolved. There was one case that was supposed to go to trial back in 2018. However, a federal judge dismissed it for missing the statute of limitations. The plaintiff appealed the dismissal, and a federal appeals court reinstated her lawsuit.

Previous Metal-on-Metal Lawsuits Have Resulted in Large Financial Hits for the Device Makers

Zimmer is still defending against these lawsuits. Previous hip replacement product liability lawsuits all dealing with the same issue have either been settled or have resulted in large jury verdicts against the product maker. Just in November 2020, Zimmer was on the losing end of two large jury verdicts for its M2a Magnum metal-on-metal hip replacement. One of these verdicts was for $21 million. Instead of settling further cases involving this technology, Zimmer is attempting to appeal verdicts. Nonetheless, Zimmer may find itself in a position with its Kinectiv product where it has to talk settlement due to its legal risk.

While many metal-on-metal cases have come to a conclusion with large settlements or jury verdicts, this saga is still ongoing. If you have been injured by the Zimmer M/L Taper with Kinectiv Technology, you may be running out of time to file a lawsuit. Depending on the state, you generally have two to 4 years from the time of injury to bring your case. This is why you need to contact a product liability defective medical device attorney today. If you want to file a  Zimmer M/L Taper with Kinectiv Technology lawsuit contact a hip replacement lawsuit lawyer now.