Bone cement litigation update

Recent medical studies have linked high viscosity (HV) bone cement to increased loosening, leading to early failures and additional surgeries. These studies often compared HV bone cements to low-viscosity (LV) or medium-viscosity (MV) bone cements and found statistically significant results that HV cements were not as strong. These HV bone cements have been the subject of recent lawsuits. Beasley Allen’s Mass Torts Section is out in front of this litigation with five HV bone cement cases filed across the country.

Two of the cases are filed in federal court in Dallas, Texas; two cases are filed in federal court in Louisiana; and one case is filed in federal court in North Carolina. Currently, these cases are heading into the discovery phase.

Discovery is the process in which the parties obtain information in preparation for trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, and potentially motions to enforce discovery rights. In these HV bone cement cases, there are several Defendants that took part in manufacturing these products, including DePuy, Howmedica Osteonics, Biomet, DJO Global, and even some foreign manufacturers. Plaintiffs will engage in discovery efforts with each of these Defendants. Depositions of the corporations’ designated agents are scheduled to take place within the next few months.

Beasley Allen lawyers are investigating four HV bone cements used in total knee replacement surgeries:

  • Cobalt HV Bone Cement;
  • SmartSet HV Bone Cement.

If you or a loved one has experienced complications from knee replacement surgery requiring revision surgery, we would like to talk with you.

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This story appears in the November 2018 issue of The Jere Beasley Report. For more like this, or to subscribe to the Report, visit our Publications page.

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