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Stryker artificial hip patients who have suffered from the pain and worry associated with the Rejuvenate and ABG II modular-neck hip stem implants have joined together in a New Jersey courtroom.
More than 80 Stryker hip victims combined their cases in the New Jersey Supreme Court multicounty litigation (MCL), which allows the attorneys to work together for the purposes of pretrial proceedings but lets cases to be heard individually. This is good news for the scores of injured patients who have yet to file lawsuits. An MCL can lead to multimillion dollar jury award and enough money to pay for mounting medical bills, unpaid time off work and overwhelming pain and suffering.
Already one large-scale hip replacement lawsuit has garnered more than $8 million for an injured patient. In March 2013, a Montana man won a verdict against Johnson & Johnson’s DePuy Orthopaedics for problems with one of its metal-on-metal hip replacement system. While Stryker’s Rejuvenate and ABG II are not considered metal-on-metal devices, mostly because they don’t have a metal ball rubbing against a metal socket, they are made of metals that have caused problems.
Both the Rejuvenate and ABG II are considered different than standard hip replacements that have a one-piece neck and stem system. The Stryker products have interchangeable necks and stems so surgeons could have greater flexibility to accommodate different patient shapes and sizes. The Stryker products are made of a proprietary titanium alloy that was supposed to resist flaking, also called fretting, and corrosion.
Like other hip replacement devices, the Stryker products were approved through the U.S. Food and Drug Administration (FDA) 510(k) clearance process. This allows products that are similar in nature to be approved without any clinical trials or testing. The company was only required to conduct post-market surveillance on the devices. That means that no one knew how the Rejuvenate and ABG II, which were FDA approved in 2008 and 2009 respectively, would react once surgically implanted in the hip.
By 2012, it was clear how the devices reacted once inside the human body. The company issued an urgent safety alert to surgeons and hospitals regarding the excessive metal debris and ions that are found in the body as a result of the devices. The Rejuvenate and ABG II were also found to deposit tiny shards of metal in the bloodstream, tissue and bone. Stryker recalled the devices in July 2012 and stopped all global sales and production of the devices.
In the recall, Stryker warned its patients to undergo testing, including MRIs, X-rays and blood work, to check for high blood ion levels. High ion levels can lead to neurological problems as well as kidney, liver and spleen damage. The company also suggested that patients who have increasing pain, high ion levels and other side effects undergo revision surgery.
About 20,000 Rejuvenate and ABG II devices were implanted before the devices were recalled. While less than 100 injured patients have filed lawsuits, legal experts anticipate more will follow.
Even though Stryker, like other artificial hip manufacturers, was allowed to sell the its devices without premarket testing, the company still had an ethical and moral obligation to its customers. Patients assume that major medical manufacturers scrutinize their products before selling them, making sure they are safe for use. When this trust is exploited for financial gain, injured patients have the right to sue for financial compensation.
Contact our legal experts for more information about your Stryker hip lawsuit and possible financial compensation.