Last month, we noted that Tennessee’s Shelby County Circuit Court was considering whether to coordinate claims involving fractures of Wright Medical’s Profemur® Hip System. The Profemur® Hip System is a modular hip implant device developed and distributed by Wright Medical that has fractured and catastrophically failed post-implant at a frequency well above industry norms. A fracture event almost always requires painful, emergency revision surgery involving an extended trochanteric osteotomy.
Many recipients of the Profemur® Hip System who suffered fractures filed suit against Wright Medical in the Circuit Court of Shelby County, Tennessee (where Wright Medical is headquartered and has its principal place of business), alleging that the Profemur® Hip System is defective. They asked the Court to coordinate pretrial proceedings under its Local Rule 28. Plaintiffs’ applications for coordinated pretrial proceedings have been pending since May 2014. On January 13, 2015, the Shelby County Circuit Court granted Plaintiffs’ request for coordination. Judge Robert S. Weiss has been assigned as the Coordinating Judge to hear issues related to discovery matters in these Profemur® fracture cases.
The Court’s Coordination Order should increase the efficiency with which Profemur® fracture cases can be prosecuted against Wright Medical and reduce the cost of discovery for individual Plaintiffs. Plaintiffs who pursue Profemur® fracture claims in Shelby County’s Circuit Court should have a better opportunity to maximize their recovery as a result of coordination. Currently, the Circuit Court of Shelby County oversees the only coordinated litigation in the country regarding Wright Medical’s Profemur® Hip System.
If you or a loved one has a Wright Profemur® Hip System that has fractured, you may have a personal injury case against Wright Medical. Contact Pope McGlamry for your free legal consultation online or at 877-265-7656.