Personal Injury Law Specialist in Phoenix, Arizona

I am pleased to announce I have been selected by my peers for inclusion in the 2020 edition of The Best Lawyers in America©  in the field of Personal Injury Litigation – Plaintiffs, for the ninth consecutive year.

On November 16, 2017, a federal jury in Dallas ordered Johnson & Johnson and its DePuy Orthopaedics unit to pay $247 million to six patients who claimed they were injured by defective Pinnacle hip implants.  This is the third straight bellwether trial win for claimants, as the jury found the DePuy Pinnacle metal-on-metal implants were defectively designed and that the companies failed to warn the patients about the risks. This follows two other wins for the plaintiffs, in which juries awarded $500 million to six claimants in March, 2016 (later reduced by the Court to $150 million) and $1 billion for six claimants in December, 2016 (later reduced by the Court to $543 million).  Along with the other verdicts, this latest verdict is expected to be appealed by DePuy.

Phoenix, Arizona mass tort product liability attorney Stephen I. Leshner has successfully resolved over 100 cases involving defective hip replacement systems and has many pending DePuy Pinnacle cases.  While there have been global settlements in the DePuy ASR, Zimmer, Stryker, Wright, Biomet, Encore and Smith & Nephew cases, no global settlements have been reached in cases involving DePuy Pinnacle (over 9,700 pending cases) which still remain in the bellwether trial process, despite the claimant’s trial success.  If you are someone close to you has been injured as a result of any defective metal-on-metal hip, which required the surgical removal and replacement of the hip replacement system or its components, please contact Steve Leshner for a free consultation.

DePuy Synthes markets the Attune® Knee System as having “patented technologies” that improve range of motion and give patients “the confidence of a stable knee replacement.”  However, in recent months, DePuy Synthes has filed dozens of reports with the Food and Drug Administration documenting premature failures of the Attune® Knee System that have resulted in the destabilization of patients’ knee replacements and painful revision surgeries.

Additionally, in an article recently published in the Journal of Knee Surgery, nine prominent orthopedic surgeons reported that they have encountered an unusually high-rate of premature failures of the Attune® Knee System.  The surgeons attributed the failures to the debonding of the tibial implant-cement interface.  In other words, the surgeons discovered that the “glue” typically used to hold an implant in place does not “stick” adequately to the tibial component of the Attune® Knee System.  As a result, the tibial component of the Attune® Knee System loosens and the entire knee replacement is destabilized.

Thousands of patients have been implanted with the Attune® Knee System.  Symptoms associated with premature failures of the Attune® Knee System include:

• Instability and Loosening
• Unusual Swelling
• Decreased Range of Motion
• Persistent Pain

In most cases, the only medical solution for patients who experience a premature failure of their Attune® Knee System is to undergo a revision surgery to remove the implant and replace it.  These revision surgeries are often more painful and invasive than the initial replacement surgery.

If you have an Attune® Knee System that either has been or needs to be removed and replaced, please contact Phoenix Arizona Mass Tort Product Liability Attorney Steve Leshner for a free consultation.

Phoenix personal injury attorney Stephen I. Leshner has been selected to the 2017 Arizona Super Lawyers list, for the tenth consecutive year, for Plaintiff’s Personal Injury. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

The FDA has identified this as a Class I recall, the most serious type of recall. Use of these devices may cause serious injuries or death.

Recalled Product:

• Product Description: Comprehensive Reverse Shoulder System Humeral Tray Model 115340
• Trade Name: Biomet Comprehensive Reverse Shoulder Humeral
• Product Code: KWS, PAO
• Lot Numbers: All lots with part number 115340; See full list of lot numbers
• Distribution Dates: October, 2008 to September, 2015
• Manufacturing Dates: August 25, 2008 to September 27, 2011
• Devices Recalled: 3662

Device Use

The Comprehensive Reverse Shoulder is a shoulder replacement device that is surgically implanted to help restore arm movement. This device is beneficial for patients with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy and previously failed shoulder joint replacement.

Reason for Recall

Zimmer Biomet is recalling the Comprehensive Reverse Shoulder because these devices are fracturing at a higher rate than is stated in the labeling. Fractures may result in revision surgeries which could cause serious adverse health consequences such as permanent loss of shoulder function, infection, or rarely, death.

Who May be Affected

• Health care providers using this device during reverse shoulder replacement surgeries
• Patients receiving total shoulder replacements using this device

related to this recall.

Date Recall Initiated:

December 15, 2016

Lot Numbers:

041870 041880 041890 052860 060500 070330 079900 085130 118250 118260 118270 118280 118290 118300 118340 118350 118360 118370 118380 118390 132020 132030 153330 153340 153350 153360 153370 153380 153390 153400 153410 153420 153430 159650 159660 161960 172670 215990 216000 216010 256990 257000 257010 257020 278300 278310 278320 278330 278550 278560 278580 278590 300090 300100 300110 300120 300130 300140 300150 310580 310590 310600 310610 310620 329390 349140 349150 351030 351040 367300 367310 367320 367330 367340 367350 367360 367370 367380 372290 372310 372320 385090 402880 411980 413530 415040 415050 415060 415070 415080 415090 420630 424640 424650 424660 424670 424680 424690 424700 424710 424720 424730 424740 436760 436770 440500 457900 492370 492380 492390 492400 492410 492420 492430 492440 492450 501830 551660 556800 556820 557440 557620 557840 558840 558880 558890 558900 558910 558920 561910 562430 563440 568870 569050 569060 569070 569080 569090 569100 569120 569130 569140 569150 569690 578920 595090 597740 607390 607400 607410 607420 607430 609780 613990 630660 633600 634660 634860 635190 637190 637240 641220 641350 641390 641680 648790 648800 648810 648820 648830 648860 659950 659960 659970 659980 659990 660000 660010 660020 660030 660040 668550 668560 668570 668580 668590 668600 668610 668620 668630 668970 674320 677090 677100 677110 677140 677150 677160 677170 677180 677190 677200 680720 680730 680740 680750 680760 697100 697110 697120 697130 697150 697160 697170 697180 697190 697200 704050 704810 706840 712090 715990 716200 723830 723850 723870 723880 725550 725560 725760 726590 726710 734810 745350 762930 764700 765560 765830 765870 767360 767370 771810 788670 788680 788690 791260 791270 791280 818790 839150 846190 846200 846210 846230 846240 846280 846290 846300 846310 846320 846330 848110 848120 848130 848140 848150 848160 848170 848190 848200 848210 848220 848230 848240 848250 848260 848270 848280 848290 848300 848310 848320 854210 854220 854240 854250 854260 854290 854300 854310 854320 863330 889690 908010 950390 950400 963700 974990 981260 981270

If you or someone close to you has a Zimmer Biomet Comprehensive Reverse Shoulder System which has fractured and needs revision, please call Phoenix Arizona Personal Injury Attorney Stephen I. Leshner for a free consultation.

The Plaintiffs’ Leadership in the Wright Medical litigation announced the following settlement on November 2, 2016:

“After a hard-fought, almost 5-year battle in federal court in Atlanta, Georgia and in California state court, we are pleased to announce a settlement program that will resolve a significant number of claims against Wright Medical.  Wright Medical has agreed to settle approximately 1,300 claims of certain Wright Medical metal-on-metal hip implant patient-claimants whose hips were revised at least 150 days and no more than eight years post-implant.  There are approximately 2,300 pending claims involving Wright Medical’s Conserve, Lineage, and Dynasty metal-on-metal hips.  Plaintiffs’ Leadership Counsel’s retained financial analysts have been evaluating Wright Medical’s ability to settle these cases for years. Based on that analysis, we believe that Wright Medical was not in a position to and therefore could not agree to settle the remaining claims involving revisions occurring after eight years or other cases that it deemed not qualified at this time.  During the negotiations with Wright Medical, it was made clear that claims for revised Wright metal-on-metal hips that are not included in this settlement will be part of subsequent settlement programs.

The Wright Conserve Multi-District Litigation (MDL) was consolidated in February 2012 in federal court in the Northern District of Georgia before the Hon. William S. Duffey, Jr., United States District Judge. Additionally, a Judicial Council Coordination Proceeding (JCCP) petition was approved in May 2012 before the Hon. Jane Johnson, Los Angeles Superior Court Judge, consolidating Californiastate-court cases involving Wright Medical hip replacement and revision matters, including Wright Medical’s Conserve, Lineage, and Dynasty hip implants.  The Hon. Diane M. Welsh (Ret.), led the extended settlement negotiations and tirelessly worked with the parties for several years to help facilitate the settlement.

Wright Medical’s hip and knee division (OrthoRecon) was sold in January 2014, and the successor corporation has a defense that it did not inherit the liability.  Our financial analysts’ review further indicated that Wright Medical’s ability to fund this settlement depended largely on insurance coverage and a bond issue used, in part, to raise money for this settlement.  Wright Medical has been engaged in litigation in Memphis with most of its insurance carriers and recently finalized an agreement with 3 of the carriers.  It remains in litigation or coverage disputes with its remaining carriers.  In light of our analysis of Wright Medical’s financial condition, this is a timely and meaningful settlement, offering $170,000 to claimants who had the monoblock Conserve Cup, the device with the most frequent failures, and $120,000to those who had the metal-liner Dynasty and Lineage devices.  An additional, but capped, limited fund is also available for claimants who suffered discrete and defined claims of extraordinary injury.  More importantly, the settlement program calls for pre-qualification, without registration, coupled with a very simple administrative process for claimants not pursing extraordinary injury claims that will lead to expeditious payments expected to be largely complete by summer 2017.  Counsel for eligible claimants will be notified of their pre-qualification by February 3, 2017.”

I will review the terms of this settlement carefully, and advise my clients whether or not to accept this settlement.

Phoenix, Arizona mass tort product liability attorney Stephen I. Leshner has handled over 100 cases involving defective hip replacement systems, including the current cases against Wright Medical Technology, Inc., and has over 40 cases pending.  While there have been global settlements in the DePuy ASR, Zimmer, Stryker, and Smith & Nephew cases, no global settlements have been reached in cases involving DePuy Pinnacle (over 8,000 pending cases) and Wright, which are in the bellwether trial process.  If you are someone close to you has been injured as a result of any defective metal-on-metal hip, which required the surgical removal and replacement of the hip replacement system or its components, please contact Steve Leshner for a free consultation.

Stryker Orthopedics issued a recall letter on August 19, 2016 for one of its hip implant heads. Stryker sent a letter to medical professionals advising them that the LFIT V40 femoral head was involved in a higher than expected series of product failures. These recalled hip implant components were manufactured between 2001 and 2011. No products were removed from the shelves because they had all either been implant or expired.

The manufacturer has not given much information about the recall circumstances but did state that their had been instances of the femoral stems not fitting the heads. Stryker has had problems with its femoral stem and head junction in the past.

The V40 femoral head is used with several different types of Stryker stems including the Accolade stem.   I have personally handled over 100 cases involving defective hip replacement systems.  The most recent cases involved metal-on-metal hip replacement systems manufactured and distributed by Stryker, DePuy, Zimmer, Wright, and Smith & Nephew.  The typical cases involve metallosis leached from the joints between the  femoral head and stem. When there is micromotion between the stem and the head, the metal becomes scratched from the movement and corrosion takes place. This corrosion allows metal particles to leach into the hip compartment. These metal particles cause a condition called metallosis where the positively charged metal ions damage the tissue in the hip compartment. The tissue damage progresses to necrosis or death of the tissue and causes pain and inflammation. Frequently, MRI films will show fluid in the joint. Blood tests are usually ordered to check for high chromium or cobalt levels. Once the metallosis  process starts the only cure is surgery to redo the hip. These surgeries are called revision surgeries.

The V40 heads were used in the following Stryker products:Accolade TMZF, Hfx, Citation, LASST, Accolade II, Anato, Secur-Fit Advanced, and LSP76.  If you or someone close to you has had or needs a revision surgery as a result of a defective Stryker hip replacement system with the LFIT V40 femoral head, please contact Phoenix Arizona mass tort product liability lawyer Steve Leshner for a free consultation.