Smith & Nephew Hip Replacement Lawsuit Filed Over Failed Liner

  • Written by: Irvin Jackson

A Michigan woman has filed a hip replacement lawsuit against Smith & Nephew, alleging that a component she received was defective and failed less than seven years after it was implanted. 

The complaint (PDF) was filed by Claudia Orr in the U.S. District Court for the Eastern District of Michigan on August 2, alleging that a plastic liner on a Smith & Nephew hip replacement failed, resulting in the need for revision surgery.

In December 2004, Orr received a Smith & Nephew hip replacement that featured a metal cup design, with a Reflection Microstable Acetabular Cup Liner made out of polyethylene. The plastic liner coats the inside of the cup and prevents the cup from grinding against the metal femoral head. In this instance, according to the lawsuit, the lining failed.

Although the liner should have lasted 15 to 20 years, according to the lawsuit, Orr’s doctor discovered in March 2011 that the acetabular cup was loosening and the lining was wearing prematurely. The implant was removed on November 7, 2011, less than six and a half years after she first received the implant.

The revision surgery left Orr unable to walk without the assistance of a walker for three months and required her to use a cane for another one to two months. The lawsuit seeks compensatory damages for pain and suffering, emotional distress, inconvenience and has limited her physical activity. She has a permanent limp as well, according to the lawsuit.

The complaint charges Smith & Nephew with failure to warn, negligence, fraud, and breach of warranty.

Problems with Other Smith & Nephew Hip Liners

In June 2012, a Smith & Nephew hip recall was issued for a different type of metal liner, used with the company’s R3 Acetabular System, after a higher-than-acceptable number of patients experienced problems that resulted in the need for revision surgery.

Unlike the polyethylene hip liner used in Orr’s surgery, this is a metal liner that is used as part of metal-on-metal hip replacement systems. At the time of the recall, Smith & Nephew indicated that the recall was unrelated to the recent problems with metal-on-metal hip replacements, where microscopic shavings of metal are released into the body as the metal parts rub against each other. However, the manufacturer indicated that an analysis found that 1.6% of patients who received the liner underwent revision surgery each year.

The Smith & Nephew R3 Acetabular System metal liner was introduced in 2007 and then globally launched in 2009. The company estimated that about 7,700 of the recalled liners had been implanted in patients before the problems were identified.

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  1. Margaret Reply

    I have had both hips replaced starting in 2005. Both have the poly cups and I am in HORRIFIC PAIN! The Smith and Nephew hips have caused me the most horrible issues causing me to go thru 8 major surgeries and still it is not right! The last hip was put in 2009 and the only thing keeping me together is the screws. I was curious who the attorney is who is handling Ms Orrs case. I truly feel her pain! Smith and Nephew has ruined my life…I lost my job, my home and on disability and I am only 52 yrs old!

  2. Nathan Reply

    I have had the same hip at 42 and it has ruined my life I have had multiple surgery it pops out, grind I can walk much less run in 10 year can anyone help me with this case ms. Orrs has I need help I\’ve had millilengevill hop on both sides I disabled at 42 I\’m 44 now

  3. Nathan Reply

    I meant I had it put in at 32 and now I’m 44 so really over 10year it was put in end of nov. 2002 almost 12 years

  4. Linda Reply

    I too have experienced increasing levels of pain associated with my Smith-Nephew implant. I consulted a law firm that deals in Smith-Nephew litigation some time ago. Even though my implant has been verified as being one of the defective ones and even though my cobalt and chromium blood levels are sky-high, I have been told that I have to pay for the revision surgery, out of my OWN POCKET, before I can be re-imbursed by Smith-Nephew and also compensated for the pain and loss of income due to my disabled status. Does anybody out there know a law firm that will force Smith-Nephew to pay for the revision surgery, given that heavy metal blood levels are high? I am ready to work with any attorney who can help me with this, or someone who can arrange a pre-settlement loan that allows me to go forward with the surgery as soon as possible.

  5. DAN Reply

    just turn 53 not over weight in good shape had right hip replaced in 2008 with a smith and nephew hip 8 months still had pain then the popping sqeaking started had it replace in 2009 and then again in 2015 still in pain not sure whats going on going to PT doctor said 18 months and I will now what shape I will be in so its another roll of dice my lawyer from jones ward called and just told me they settle my case for 278,000.00 are they kidding me is this what other people are ending up with for all the pain and loss of many things please let me know they want me to settle

  6. Chris Reply

    Dan, do you know if you had the smith and nephew hip implant with the microstable acetabular liner, or was it metal on metal. Or if any of you guys had the microstable acetabular liner in your smith and nephew implants. I am having groin pains, thigh pains and leg pains. yet the doctors at the hospital don’t want to admit that that the implant itself is failing. If any of you know any attorney(s) that is familiar with the microstable acetabular liner (that has the polyethylene liner) please let me know. Thank you

  7. Rob Reply

    I already had the Smith & Nephew R3 Acetabular System METAL liner fail, poison me and replaced. Who’s your lawyer that was going to take the case. I had numerous and severe complications all well documented.

  8. Jo Reply

    My bilateral Smith and Nephew polyethylene liners failed very early. I have had revisions, and pain and suffering and want to find an attorney.

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