Joe Osborne & Greg Francis, Personal Injury Lawyers & Founders of Osborne & Francis

Metal on Metal Hip Replacement Litigation

Defective Hip Replacement Lawsuits

A Brief History of Hip Replacement Implant Surgery
It is widely accepted that hip replacement surgery with a well researched and well designed hip implant that has proven to be safe and effective is one of the most successful surgeries in orthopedics. The success rate, depending on the model used ranges from 95 to 99% with an average life expectancy of between 15 to 20 years.

The most historically successful designs incorporate:

  • Metal or Ceramic Head
  • Acetabular component (Cup) with a plastic (Poly) liner
  • One piece stem
Successful hip replacement

Subsequent to the above designs new alternatives were developed by several medical device companies that promised improvements in the surgical results and overall performance of the implants. The manufacturers of the new modular hip implant promised:

  • Greater outcomes due to metal on metal lasting longer
  • Reduction in wear debris (no plastic)
  • Decreased risk of hip dislocations
  • Two piece (neck and stem) allowing greater flexibility during surgery to match the patient’s anatomy
Modular Hip Replacement

Unfortunately for patients these products were rushed to market without clinical testing or real life testing in spite of the fact that major / significant changes were being made to the design which has resulted in complications that are both real and significant. These complications have caused incredible damage and destruction to patients, which continue to be an ongoing problem.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

Helping You Understand the Increased Risks and Potential Health Problems Linked to Metal on Metal and Modular Hip Implant Products

Hip replacement surgery is supposed to be a proven and time-tested solution to painful conditions and degenerative bone disease. Unfortunately for many people, hip replacements have only led to additional surgeries and dangerous medical complications. Metal on metal and 2nd generation modular hip replacements in particular have caused significant unnecessary hardships for thousands of patients.

Hip surgeries, including total hip replacement, partial hip replacement and hip resurfacing procedures have become increasingly popular over the past 30 to 40 years. Many people experience some type of hip problem during the course of their lifetime including fractures and arthritis. There are several types of hip implant devices made from a variety of materials including plastic, metal and ceramic. Metal on metal and 2nd generation modular hip implant devices gained popularity over the past 10 to 15 years and were designed to last longer. Manufacturers such as Depuy, Stryker, Zimmer and Biomet marketed metal on metal and 2nd generation modular implants to younger, active individuals. These patients would likely outlive the life of a traditional implant and require another replacement.

Read the Findings of Fact & Conclusions of Law  for a  $2 million verdict awarded in New Mexico finding Zimmer’s Kinectiv modular hip implant to be defective, in what is believed to be the first successful outcome for a Zimmer Kinectiv lawsuit.

Unfortunately, thousands of patients have reported serious complications directly caused by metal on metal and 2ndgeneration modular hip implants only a few years following surgery. Complications include:

  • igh levels of metal in the bloodstream known as metallosis or metal poisoning
  • High rates of joint failure
  • High rates of joint revision
  • Joint loosening and dislocation

The primary problem associated with metal on metal and 2nd generation modular implants is metallosis. As the metal parts of the devices rub together, little shards of metal are shed, or fretted, into the joint, tissue, bone and eventually the bloodstream. The metal particles damage the soft tissues around the joint and also cause joint inflammation and swelling.

According to defective hip replacement attorney Joseph Osborne, “There are a variety of symptoms that a recipient of a bad hip replacement may endure. Things such as pain or a stabbing sensation in the hip joint itself, infection, dislocation, loss of support on the side the hip replacement is on, also, back pain and pain on the other hip due to more use because you are suffering on that particular side.”

“I have an example of a client who received a defective hip in the state of New York. Due to family issues, she had to move down to South Carolina and was unable to get the necessary treatment that she needed.

She had called me, not knowing one, what type of hip replacement she had and two, what to do next. We were able to, one, ascertain that she had a recalled hip device and two, we were able to advise her of the proper treatment she needed to truly diagnose her situation.

In doing so, we got her in front of the right doctors who could perform things like metal ion testing for cobalt and chromium and MRIs to find out the status and the true problems that she was having with her hip replacement. She has now been recommended for a revision surgery and is going to get the defective hip replacement removed as soon as she possibly can.“

Tissue trauma for hip replacement

Video Transcript: The injuries associated with the Rejuvenate and ABG II begin with the effect of the corrosion and metallosis from the implant to the hip joint. These corrosion and metal products are toxic and poisonous to the hip joint so they cause destruction of tissue, muscle and bone, which requires a surgery that the patient never would have needed, but for the defective nature of the implant. Often times, even after the implant is removed, the effects or the damage caused by the implant, meaning dead tissue, dead bone, dead muscle, leave the joint either unstable or damaged forever as a result of the defective nature of the implant. Over time, complications from the removal surgery exist. The need for additional surgeries, potential infections all flow from the damage caused by the Stryker implant.

For instance, I represent someone … We filed his case. He had a lawsuit against Stryker … Who worked in the construction industry. He actually owned his own construction business, a job that required him to be on rooves and to help build houses and lay tile. He had a very, very successful construction company, but because of this implant and what it did to his hip joint was so severed … Even after he had it removed, the destruction was so far advanced that to this day, he has had multiple other surgeries to try and deal with the amount of tissue and bone that was destroyed by the toxic particles and the metallosis.

His hip will never be the same. He walks with a cane. He lost his construction business and his life has been permenently scarred simply because he received an implant that again is one of the biggest catastrophes in the history of orthopedic implants. If you unfortunately are the recipient of one of these implants and have suffered one of these injuries that can be associated with metallosis and unnecessary surgery, it’s important that you reach out to someone who is experienced in handling these cases.

contact our office to speak to a lawyer.

do you still have questions?


Wright Metal Hip Replacement

Wright Medical began manufacturing joint replacement devices in 1950 and hip and knee products made up 60% of the company’s annual sales. Wright Medical hip devices are used in both primary and revision replacement surgeries as well as hip resurfacing procedures. Wright Medical’s most popular hip replacement devices are:

  • CONSERVE Total A-CLASS Advanced Metal with BFH Technology
  • CONSERVE Total Hip with BFH Technology
  • CONSERVE Femoral Surface Replacement
  • Acetabular cup systems, including DYNASTY, INTESEAL, PROCOTYL, GLADIATOR AND LINEAGE
  • Femoral systems such PERFECTA and PROFEMUR

The Wright Medical devices that have caused the most problems in patients are the CONSERVE Plus Total Hip Resurfacing System and the PROFEMUR Z System. The CONSERVE Plus device is a metal-on-metal design that is marketed to younger, active individuals. However, the FDA has received more than 200 complaints about problems and complications stemming from these devices. Both the CONSERVE and PROFEMUR Z Systems have higher than normal failure and revision rates. Complications include:

  • Metallosis due to increased metal ions in the bloodstream, resulting in joint pain and swelling, chest pain, numbness and fatigue
  • Joint fracture
  • Severe joint pain
  • The need for several additional revision and replacement surgeries

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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Stryker & Wright Medical hip replacement implants have caused thousands of people additional physical, emotional and financial distress. If you have questions about your hip replacement, contact the team of passionate hip recall attorneys at Osborne & Associates Law Firm, P.A. take the time to understand your specific needs and develop a plan that works for you.

To schedule a free initial consultation, call (561) 293-2600 or contact us online today. Our office is centrally located in Boca Raton convenient to several surrounding communities throughout Broward and Palm Beach counties.

Frequently Asked Questions