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Metal-on-Metal Hip Implants: Bernstein Liebhard LLP Applauds American Association for Justice Position on Metal-on-Metal Hip Replacement Regulation
Date:5/7/2013

metal-on-metal hip replacements, advising doctors to consider metal ion testing in those experiencing symptoms of hip implant failure. The FDA also said it had proposed a new rule that would make all-metal hips ineligible for 510(k) approvals. Such approvals allow a device to come to market without human testing if a manufacturer can demonstrate that it is similar in design to a previously approved product.**

According to Reuters, the American Association for Justice is concerned that once the FDA adopts the proposed rule, metal-on-metal hip implant manufacturers will attempt to use the legal precedent set in Riegel v. Medtronic to have personal injury claims retroactively dismissed. That 2008 Supreme Court decision found that most personal injury lawsuits involving a device approved through the more-rigorous premarket approval process are pre-empted by federal law.

Bernstein Liebhard LLP is currently representing hundreds of clients in metal-on-metal hip replacement lawsuits whose cases could be impacted by the FDA’s final ruling. The Firm is actively filing claims in the multidistrict litigation established in the U.S. District Court, Northern District of Ohio, for actions involving the DePuy ASR hip implant (In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation – MDL 2197). Bernstein Liebhard LLP partner Jeffrey S. Grand is also serving on the Plaintiffs’ Steering Committee in the Pinnacle hip litigation now underway in the Northern District of Texas concerning the metal-on-metal DePuy Pinnacle hip device (In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation - MDL No. 2244).

In addition, the Firm is representing clients fitted with the Biomet M2a Magnum hip implant in a multidistrict litigation underway in U.S. District Court, Northern District of Indiana (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation – MDL No. 2391). Bernstein Liebhard LLP’s attorneys have als
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1. FDA Probing Safety of Metal-on-Metal Hip Implants
2. Few Patients Should Get Metal-on-Metal Hip Implants, FDA Panel Says
3. New Metal-on-Metal Hip Implant Study Emphasizes Importance of Patients’ Symptoms in Evaluating the Need for Hip Replacement Revisions, Bernstein Liebhard LLP Reports
4. FDA Says Metal-on-Metal Hip Replacements Can Cause Soft-Tissue Damage, Rottenstein Law Group Reports
5. Metal-on-Metal Hip Implants: Bernstein Liebhard LLP Comments on New Study Finding Increased Metal Ion Levels May Predict Problems with Metal-on-Metal Hip Replacements
6. MRI may predict adverse tissue reaction in metal-on-metal hip replacement patients
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