Stryker Hip Recall Litigation Alert: Timely Filing of Claims

By Andrew Sullo


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The Stryker Rejuvenate and Stryker ABGII Hip Implants were recalled in July of 2012. If you were implanted with a Stryker Rejuvenate or Stryker ABGII Hip Implant, your time to file a claim is running out. The Stryker Hip Lawyers at Sullo & Sullo, LLP are currently evaluating potential lawsuits on behalf of individuals implanted with Stryker Rejuvenate or Stryker ABGII Hip Implants.

July of 2012 saw the recall of two more metal-on-metal hip implants: the Stryker Rejuvenate and the Stryker ABGII. Both Stryker models were manufactured using a specific type of modular neck hip stem, and both have been found to cause significant risks of metallosis and metal poisoning in implant recipients. If you received a recalled Stryker implant it is important that you are aware of the specific statute of limitations for product liability claims. The statute of limitations in the state of Texas and in the majority of other states is two years, therefore speaking to a Stryker hip attorney soon is essential.

Some states have product liability statutes as short as one year or as long as six years. Based on the recall date of the Stryker Rejuvenate and ABGII, the statute of limitations for Texas consumers is July, 2014, with individuals in states with longer statutes possibly having more time in which to file a lawsuit against Stryker. Speaking to a knowledgeable Stryker hip lawyer is the best way to establish when the statute for your recalled Stryker hip implant runs as well as determining the best course of action for harm you suffered due to a defective Stryker hip implant.

 

 About Stryker Corporation

Stryker Orthopedics was founded in 1941 by Dr. Homer Stryker; today the huge corporation produces a wide array of orthopedic and other medical specialties, netting over $8 billion in annual sales. Over 13% of those revenues are the direct result of Stryker’s hip implant line. Despite the recall and the pending lawsuits, Stryker stocks hit a new lifetime high on April 4th, with shares rising to $84.85. If you have suffered serious harm from a recalled Stryker hip implant, it is crucial that you speak to a Stryker hip attorney as soon as possible in order to be eligible for a settlement associated with your injuries.

 

The Problems Associated With the Stryker Rejuvenate and ABGII

Stryker officials’ notified hospitals and surgeons of potential risks associated with the ABGII and the Rejuvenate about two months before the actual recall via an Urgent Field Safety Notification. Many believe this was a public relations tactic meant to minimize the effect of the eventual recall. In the safety notification, healthcare personnel were told that the Rejuvenate and ABGII had a high risk of fretting and corrosion at the neck junction, leading to the release of cobalt and chromium ions into the body.

The Stryker design was considered exceptionally innovative at the time of its release, due to the use of a ceramic ball rather than a metal ball. Further, a wide variety of neck and stem components allowed surgeons to custom-fit the hip device to the individual patient, depending on the patient’s size, body type and level of activity. Despite these apparent improvements over the “typical” metal-on-metal hip implants, Stryker failed to address a neck design which fits into the stem via a Morse taper junction, creating undue mechanical stress during periods of activity. In the end, the design which was touted as offering patients longevity as well as safety failed dismally in the delivery of those claims.

Following the recall, while Stryker would not put an exact number on the failure rate of the ABGII and the Rejuvenate, that number was estimated to be anywhere from 40-60%. Stryker metallosis can occur when the cobalt and chromium ions burrow into the surrounding hip tissues, leading to severe inflammation, chronic pain, the deterioration of bone and tissue, the failure of the hip implant and the necessity of hip revision surgery. Cobalt and chromium ions which make their way into the bloodstream are responsible for a wide array of very serious health issues including the following:

• Gastrointestinal disorders

• Neurological disorders

• Cardiovascular problems, including heart attack and stroke

• Certain types of cancers

• Reproductive disorders

• Diminishment or total loss of hearing and vision

• Loss of memory • Vertigo • Depression, anxiety, irritability

• The development of pseudo-tumors

• Alterations in DNA

• Skin rashes

• Changes in the ability to distinguish between sweet and salty foods

 

The FDA and the Stryker Recall

Both the ABGII and the Rejuvenate gained FDA approval through the controversial 510(k) process, which allows medical devices to be fast-tracked to approval, based on the devices “substantial similarity” to another device which is already on the market. Both recalled Stryker hip implants were approved based on their similarity to the Wright Profemur—a hip implant which has garnered hundreds of adverse event reports of its own, due to the risk of metallosis and metal poisoning. A qualified Stryker hip attorney can inform you further of the FDA’s role in the Stryker hip recall.

 

Current Stryker Litigation

Stryker is continuing in its efforts to settle Rejuvenate cases, and, in fact, eight of nine Bergen County, NJ cases were recently settled in court-ordered mediation, while four cases were settled for an undisclosed amount in late 2013. With more than 600 federal lawsuits currently consolidated under U.S. District Court Judge Donovan Frank in Minnesota, another 800 cases in New Jersey and 100 more across the United States, Stryker still has a long way to go. It is expected that as the statute of limitations close in, more lawsuits will be filed against Stryker Orthopedics. Reports state that Stryker has set aside over $1.2 billion to cover the losses associated with the Rejuvenate and ABGII recall. Speaking to an experienced Stryker hip attorney can ensure your lawsuit is filed in a timely manner and in a way that will result in a more positive outcome for your losses associated with a recalled Stryker hip implant.

 

Issues Associated With Stryker Revision Surgery

The removal of a Stryker Rejuvenate or ABGII is generally considered to be much more complex—as well as dangerous to the patient—than for other types of metal hip implants. The Rejuvenate in particular is constructed with an exceptionally long stem which is placed deeply into the femur at the time of implantation. When it becomes necessary to remove the stem, the surgeon must literally dig the stem component out of the femur which has grown around it. Due to the difficulty of the surgical procedure, the patient is likely to be on the operating table for up to five hours, exposing them to a higher risk of infection, excess bleeding and nerve damage. The mortality rate for patients undergoing a Rejuvenate or ABGII revision surgery is as high as 2.5% as compared to a 1% mortality rate for the original hip implant surgery. Your Stryker hip lawyer will thoroughly assess your case, including whether you have had or will need to have a revision surgery. Only a qualified Stryker hip attorney has the information you need to make an informed decision regarding your future.

 

How the Statute of Limitations May Affect Your Claim

The well-qualified Stryker hip attorneys of Sullo & Sullo, LLP can protect your claim based on the specific statutes of limitations involved in your Stryker product liability case. It is vitally important that you have a qualified Stryker hip lawyer by your side who will never miss a crucial deadline. Missing a critical statute of limitations deadline could negate your right to bring suit against Stryker for your injuries in the future, however only a qualified Sullo & Sullo Stryker hip attorney can determine when your statute began and whether there are potential exceptions based on the facts of your individual case. Whether you are currently experiencing problems with your recalled Stryker hip implant or not, it is important that you contact a Stryker hip lawyer; based on the statistics, there is a good chance you will suffer health issues related to your Rejuvenate or ABGII in the future. We don’t want you to miss the statute of limitations, thereby losing your right to recovery. Contact an experienced Sullo & Sullo Stryker hip attorney today to avoid such a possibility.

 

How an Experienced Stryker Hip Attorney Can Help You Pursue Damages

A Sullo & Sullo Stryker hip attorney can provide the information, legal advice and compassion you need and deserve for the injuries you suffered from a defective Stryker hip implant. Your Stryker hip lawyer will fight hard for compensation related to your injuries, including medical expenses, lost wages, pain and suffering, and, when warranted, punitive damages. The skilled Sullo & Sullo Stryker hip lawyers can provide a no-cost consultation in order to fully evaluate your specific Stryker hip implant claim. While your window of opportunity may be narrowing, only a well-qualified Stryker hip attorney can help you know for sure whether you are eligible to file a claim

 

For More Stryker Information Click Here...

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