A “mini mass-tort” products liability lawsuit involving Artelon CMC Spacer Implants settled last week. The lawsuit, which involved a total of fifty –two (52) cases, revolved around allegedly defective Artelon Spacers. The Spacers, which are designed for individuals suffering from early to mid-stage osteoarthritist of the thumb joint, are medical devices that are surgically implanted into a person’s basal thumb joint. The case was originally designated as “mass tort” in April 2011 and was thereby assigned to the Pennsylvania’s Complex Litigation Center.

According to the July 1, 2011 Master Complaint filed in the Pennsylvania Court of Common Pleas, Philadelphia County, the Spacers caused plaintiffs’ bone tissue to deteriorate and often required removal surgery. The complaint included allegations of negligence, failure to warn, negligent misrepresentations, strict product liability, and loss of consortium.In response to the Master Complaint, the defendants -Sweden based Artimplant AB, its American subsidiary Artimplant USA,Inc., and Small Bone Innovations Inc. (“SBI”)- countered that that the Artelon Spacers were safe and included all relevant warnings and instruction manuals. Moreover, the defendants alleged that the Spacers adhered to all U.S. Food and Drug Administration (“FDA”) regulations.

During the approximately four years of litigation, none of the cases were dismissed or went to trial. Terms of the settlement agreement are confidential.

Thanks to Sheri Flannery for her contribution to this post.