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Contact the experienced medical device recall attorneys at Napoli Shkolnik PLLC today to start filing your claim:

Napoli Shkolnik has been at the forefront of the BHR litigation since its inception, and we are continuing our efforts by litigating BHR cases like yours.  

The Birmingham Hip Resurfacing device (BHR) is manufactured by Smith & Nephew, Inc., a medical device manufacturer based out of Memphis, Tennessee. It was approved for use by the U.S. Food & Drug Administration (FDA) in 2006.  

Unfortunately, many patients who have had the Birmingham Hip Resurfacing implant are experiencing pain from metal corrosion, metallosis (metal poisoning) and other serious premature hip failures.  

Patients have had to undergo further invasive testing by medical professionals for diagnosis of their hip pain, reduced motion and “locking” sensation after hip implant surgery. In some cases, full revision and emergency care was necessary to correct the issue(s).  

Have you been injured by your Smith & Nephew

Birmingham Hip Resurfacer?

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Safety Notices for Birmingham Hip Replacements

In 2015, Smith & Nephew issued an urgent field safety notice updating the instructions for use of its Birmingham Hip Resurfacing System.

The notice reveals that certain groups of patients are more likely to require revision surgery after receiving a Birmingham Hip Resurfacing System implant

These groups include:

  • men and women aged 65 or older; and 
  • patients who require an implant head equal to or smaller than 48mm in size. 

In 2016, Smith & Nephew expanded that safety notice to a class 2 device recall for the modular head portion of the device.

All BHR hip cases were recently consolidated and transferred into a Multi-District Litigation, or “MDL,” before the Honorable Cynthia Blake of the United States District Court in Baltimore, Maryland.

When several plaintiffs file lawsuits in federal courts based on similar claims against a common defendant, the formation of an MDL can help to streamline the justice process by preventing conflicting rulings and duplicative discovery and by serving the convenience of all parties involved.

What is the status of the litigation?

A Client-Focused Legal Team

Marie Napoli

Ms. Napoli is a founding partner of the national litigation firm, Napoli Shkolnik PLLC; With Marie’s guidance, the firm has expanded to eight offices across the country with more than 40 attorneys and 100 support staff.

Under her leadership, the firm continues to grow amidst tremendous success, a few notable samples include: 

  • Napoli Shkolnik has gained leadership positions in several high-profile pharmaceutical litigations, including the Viagra Melanoma MDL; 
  • Napoli Shkolnik was appointed to the Bair Hugger MDL Litigation;  
  • Napoli Shkolnik has filed a class action with the NAACP in Flint, Michigan;  
  • Napoli Shkolnik has filed a class action in the Northern District of New York on behalf of Hoosick Falls residents against Saint-Gobain Performance Plastics Corp. and Honeywell International, Inc. for water contamination; 

She is also a driving force in lobbying Congress to introduce the Flint Victim’s Compensation Fund bill. The bill would provide much needed aid to the people of Flint through financial relief and future healthcare guarantees. 

Ms. Napoli also appears as a legal commentator on CBS, ABC, PrimeTime Justice, Fox News and CNN.  

Nicholas Farnolo

Nicholas R. Farnolo is a Partner in the Product Liability Department, handling all phases of litigation from intake to settlement or trial. Mr. Farnolo has represented a variety of local, national and international clients in Mass Tort, Class Action, Mechanical Product Liability, Aviation, Commercial and Personal Injury matters.

Mr. Farnolo served as a Law Clerk to the Honorable Ronald B. Skolski, J.SC. in the New Jersey Superior Court where he assisted during courtroom proceedings and served as a mediator in qualifying landlord-tenant and small claims disputes. Mr. Farnolo also gained valuable experience as a Summer Associate in the Office of the Kings County District Attorney where he researched and wrote appellate briefs to the Appellate Division, Second Department and appeared on behalf of the People of the State of New York during arraignment proceedings.

Senior Partner Marie Napoli has an informal position of leadership in the Birmingham Hip Litigation, which we expect will become a formal appointment.  

Pursuing Your Claim for Damages

For people who have undergone the difficult process of hip surgery, discovering that their new device is defective can be truly devastating—financially, physically, and emotionally. Our attorneys can help.

Birmingham hip implant lawsuits can recover compensation for the following: Medical expenses/hospital bills, Lost wages (past and future), Pain and suffering, or any other damages.

Our firm operates on a contingency basis, which means you do not owe us anything unless we win your case.

A Dedicated, Compassionate Legal Team that will Fight for Your Rights

Our team of experienced product liability attorneys are ready to fight for you. We are a national litigation firm with the knowledge and resources to represent victims of defective medical devices. Contact us for you free, confidential consultation. 

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