With such disparate outcomes between the two cases, it is difficult to predict the future of the nearly 11,000 cases left to try. District Judge David Katz is presiding over more than 7,000 federal ASR lawsuits which have been consolidated into an MDL in the U.S. District Court for the Northern District of Ohio. More than 2,000 are scheduled for California state court and 500 are in the state court in Illinois with the remainder scattered in state courts around the U.S.

There are different statutes of limitations—time limits within which a lawsuit must be filed—from one state to the next. Failure to file a transvaginal mesh lawsuit within the statutes of the state the injured person resides in could potentially bar recovery for claims related to yet another dangerous, substandard medical device. In most cases the statute of limitations begins to run from July, 2011 when the FDA announced there were risks of complications associated with the vaginal mesh when used for pelvic organ prolapse. Some of these complications include mesh erosion, chronic pelvic pain, infection, organ perforation, painful sexual intercourse and incontinence.

Although the Rejuvenate was approved in 2008, it was done through an FDA process known as the 510(k) which is more a clearance than an actual approval. This type of clearance is granted based on the fact that the device is substantially equivalent to a device already on the market.

ALVAL (aseptic lymphocyte dominated vasculitis associated lesion) is a histological soft-tissue reaction in the body to all-metal implants such as the Rejuvenate or ABGII. ALVAL is not entirely understood however some research points to a link between ALVAL and bone dissolution.

On April 17, 2013, DePuy Orthopedics filed a motion to overturn Kransky’s multi-million dollar judgment, stating the jury’s findings regarding the alleged design defects and failure to warn lacked consistency.  DePuy believes the verdict warrants judgment notwithstanding the verdict or an entirely new trial.

Following the recall, Rejuvenate lawsuits have increased and are likely to continue to increase as more implant recipients discover they have suffered harm from the metal-on-metal implant. As the litigation progresses, there are two primary litigation centers. One is the already-established New Jersey consolidated litigation which will be called a multi-county or multi-district litigation.

 

As the litigation progresses, there are two primary litigation centers. One is the already-established New Jersey consolidated litigation which will be called a multi-county or multi-district litigation.

Metal Hip Implant devices such as the Styrker Rejuvenate or ABGII, which implement a metal femoral component and plastic cup, can create polyethylene particles which in turn lead to osteolysis or bone loss surrounding the hip implant. Osteolysis occurs when an implant device is placed in the body and the device releases particles. The body reacts by attempting to remove those particles...

Recipients of all-metal hip implants or those hip implants which are partially constructed of metal such as the recalled Stryker Rejuvenate and ABG II, are likely painfully aware of the potential to develop symptoms of metal toxicity from the implant. When the metal parts of the implant suffer corrosion or rub against one another during periods of activity, microscopic metal ions travel through the body, wreaking havoc. When the particles land in the bloodstream, symptoms of metal toxicity can result. These symptoms include:

 

·         Cardiovascular, neurological, renal, thyroid and gastrointestinal disorders

·         Anxiety, depression or irritability

·         Disruption of DNA

·         The formation of pseudotumors

·         Loss of vision or hearing

·         Skin disorders

·         Balance issues

·         Chronic headaches

 

It is important that those with recalled implants or any hip device containing chromium and cobalt be vigilant about having regular blood testing done, even absent any overt symptoms. There are a number of tests currently used to detect levels of cobalt and chromium in the bloodstream. One of those tests is known as the inductively coupled plasma mass spectrometry (ICP-MS). This particular test can detect levels of metals as low as one part per trillion. The blood sample is ionized with inductively coupled plasma then separated by a mass spectrometer. Inductively coupled plasma is energized through heating the gas with an electrical coil. The ICP-MS test is faster as well as more precise and sensitive than older atomic absorption tests.

...

One of the topics discussed by orthopedic surgeons at an annual conference held in Chicago, IL on March 19, 2013, centered on the subject of whether MRIs could potentially predict soft tissue problems in metal-on-metal hip recipients. Pain and swelling in the hip region following implantation of an all-metal implant—or an implant with some metal components, such as the Stryker Rejuvenate—is an early indication of implant failure. Physicians at this meeting discussed recent research involving seventy patients who were forced to undergo revision surgery to replace a defective hip implant device. An educational session involving seven orthopedic experts was also featured at the meeting entitled “Optimizing Management of Patients with Metal-on-Metal Hips.” 

 

This particular research definitively showed that an MRI, with its superior imaging capabilities, is able to more readily identify tissue damage from defective hip implants. What this may mean for recipients of hip implants is that problems can...

This is part one of a two-part article regarding specific issues of Stryker’s recalled ABG II and Rejuvenate hip implant devices. Stryker’s ABG II and Rejuvenate, once believed to be the greatest innovations in hip implant devices, were voluntarily recalled in July of 2012. Both implants are constructed with a modular-neck hip stem and were brought into the extremely competitive hip implant market in 2009. Unlike “typical” metal-on-metal hip implants, the new Stryker design allowed surgeons to have a wider variety of parts to choose from, ensuring each patient was custom-fitted with the best length and angle for their specific size and activity level.

 

The Rejuvenate and ABG II hip devices have four parts rather than the usual two—the femoral stem, a metal neck, a ball and an acetabular cup. Although the ball of the Rejuvenate and ABG II is made from ceramic rather than metal—ostensibly providing a much safer device than the all-metal implants—after some 53,000 of the implants were marketed,...