The First BHR Hip Resurfacing Case Is Scheduled for Trial
Almost 600 BHR Hip Resurfacing hip replacement cases are in various stages of litigation in the U.S. District Court for Maryland in Baltimore Maryland. Judge Catherine Blake issued an amended Case Management Order to schedule the first case for trial against Smith & Nephew. Amended Case Management Order No. 16 has rescheduled the first BHR Resurfacing bellwether trial for May 25, 2021 and the second bellwether trial for July 26, 2021. “Bellwether” cases are test cases to see what the outcome could be for the rest of the pending cases. The results will impact the likelihood of potential settlement and the potential value of the remaining cases.
The bellwether trial process started in early 2019 when 17 cases were originally selected for detailed discovery proceedings. After each side learned more about these individual cases, the process advanced further. Only 6 of those 17 cases were selected as representative cases to move forward to trial. Each of these cases is now being more fully litigated, and the remainder of the cases are on hold. The injured individuals in these cases with defective metal on metal BHR Resurfacing hips are having their depositions taken and their stories told. Each of them has been diagnosed with some degree of metal poisoning called metallosis, usually with elevated blood levels of cobalt and chromium resulting from their defective devices. All the representative cases involve individuals that were forced to undergo revision surgeries to remove and replace their defective hip replacement devices.
One of the six chosen cases is that of Mr. William Albritton of Florida. He is represented by defective hip lawyer George Tankard of the Yost Legal Group. Mr. Albritton did not ask to be a test case, but he is anxious for justice and his day in court. It is not clear if he will be one of the first two cases to go to trial. The selection of case sequencing will be decided on November 9, 2020.
If you or a loved one had a defective metal on metal BHR Resurfacing hip replacement implanted, call the Yost Legal Group for a free consultation about your potential right to compensation. We represent a significant number of the victims currently participating in the BHR Resurfacing lawsuit. Call us at 1-800-YOST-LAW (1-800-967-8529), email us at info@yostlaw.com, or visit our website at www.yostlaw.com for more information. There is no fee or expense unless you recover.