If you are one of the thousands of consumers harmed by a recalled Stryker hip implant, time may be running short for you to file a claim against the company responsible for your injuries. Following the July, 2012 Stryker recall of the Rejuvenate and ABGII hip implant devices, more and more of those harmed by the implants spoke to a Stryker hip attorney, then came forward to file lawsuits against the company. The majority of these lawsuits are currently consolidated into a Multi-district litigation (MDL) in the United States District Court of Minnesota. Stryker settled four cases in late 2013 for an undisclosed amount, then recently settled eight more Rejuvenate suits from nine cases ordered into a mediation process. Ten more Stryker cases have now been chosen to enter into the mediation process in an effort to settle more of the defective hip cases.
How Could the Statute of Limitations Affect Your Stryker Claim?
The issue many of those with a defective Stryker hip implant now face is the fast-approaching statute of limitations. Residents of Texas who have suffered harm from a Stryker Rejuvenate or ABGII have two years from the time of the recall in which to file a lawsuit against the company, and that statute of limitations is fast closing in. Different states have different statutes of limitations regarding product liability claims; while many of them, like Texas, follow the two year statute, others have statutes of limitations which could be from one year to as long as ten years. The statutes of limitations are a legal enactment, setting a maximum time limit in which lawsuits may be initiated. Unfortunately, many recipients of a recalled Stryker hip implant may be unaware of the recall and, although they may have experienced adverse health issues, may not have tied those issues to their hip implant.
While efforts were made to notify all of those who received a recalled Stryker Rejuvenate or ABGII, in many cases the patient had moved or the surgeon who implanted the device may have moved or retired. Further, the elderly, or those who don’t keep up with the news on a regular basis may have missed notification of the Stryker recall. The United States, unlike some other countries, has no comprehensive database which tracks all those with a hip implant. This can make it difficult to contact patients when a recall is issued or even for officials to put a solid number on just how many people are affected. It is believed that over 20,000 patients received a Stryker Rejuvenate or ABGII between the time the two implants received FDA approval (2008 and 2009) and the time of the recall. In some cases, even though you think your statute of limitations may have passed, it is extremely important that you speak to a knowledgeable Stryker hip lawyer who may determine you are still able to file a lawsuit.
Of course Stryker will argue the statute began running when the recall was issued, A highly experienced Stryker hip attorney may be able to offer some hope by arguing on your behalf that the statute should not have begun until you received proper notice of the recall. Depending on your specific circumstances, your Stryker hip attorney may also be able to argue that you experienced no overt failure of the device prior to the end of the two year statute of limitations, therefore the statute should begin when your symptoms began. Stryker Orthopedics declined to place an exact number on the failure rate of the Stryker ABGII and Rejuvenate, however some research places the failure rate between 40-65%. Numbers this high practically guarantee you will experience problems with your Stryker ABGII or Rejuvenate at some point, whether that happens within the two years following the recall or not. Should you pass the statute of limitations regarding your recalled Stryker implant, don’t despair. Call a knowledgeable Stryker hip attorney who will be your advocate, fighting for your rights at every turn.
Stryker Orthopedics Continues to Turn a Profit, Despite Increasing Number of Lawsuits
Stryker Orthopedics, based in Kalamazoo, MI, has chosen to settle cases involving the recalled Rejuvenate and ABGII hip implants rather than fight, as the number of cases filed against the company have fast approached the 2000 mark. Stryker set aside over a billion dollars to cover expected losses associated with the Rejuvenate and ABGII recall. Despite the Stryker recall of the ABGII and the Rejuvenate, the company recently hit an all-time high for the price of their stocks.
Whether you have experienced issues associated with the recalled Stryker hip implants at this time or not, it is extremely important that you speak to a Stryker hip attorney at the earliest possible time. The available statistics regarding the Stryker Rejuvenate and ABGII almost guarantee that at some point you may suffer health issues associated with your recalled hip implant, and only a skilled Stryker hip attorney can ensure your rights are protected and the statute of limitations are properly adhered to.
Stryker Lawsuit Claims
Those who have already filed suit against Stryker have made several claims against the company, including the following:
- Stryker exhibited blatant negligence regarding the Rejuvenate and ABGII design.
- Stryker made specific claims that the recalled hip implants would not experience the same type of corrosion and fretting as other metal-on-metal hip implants, yet many patients began suffering such issues soon after their implantation.
- Stryker exhibited deceptive marketing and sales practices.
- The taper neck junction between the neck and stem exhibited a flawed design which Stryker failed to recognize prior to marketing.
- Stryker Orthopedics marketed the Rejuvenate and ABGII as being safer than “true” metal-on-metal hip implants due to the use of a ceramic ball—claims which turned out to be false.
- Stryker claimed the Rejuvenate and ABGII were ideal for younger, more active patients, and would last between fifteen and twenty years. In reality, many of the hip implants failed within the 1-2 years, and the recall was issued less than three years following FDA approval due to a defective design and few consumer safeguards in place regarding testing and clinical trials.
- Stryker failed to act on early reports of failure as well as reports from surgeons who noted their patients were experiencing problems with the implants and that some removed implants were covered in what appeared to be “black rust.”
- Despite having information regarding the inadvisability of mixing metal alloys, Stryker chose to pair a titanium stem with a cobalt and chromium neck piece.
- The ABGII and the Rejuvenate gained FDA approval based on being substantially similar to the Wright Profemur which is another poorly designed device currently involved in consumer lawsuits.
What Went Wrong With the Stryker Rejuvenate and ABGII?
About two months prior to the July, 2012 recall of the Stryker Rejuvenate and ABGII, Stryker officials notified hospitals and medical professionals of the potential risks associated with the two hip implants. Stryker stated there was a higher-than-normal risk in the two implants of fretting and corrosion, leading to the excess release of metal ions into the bloodstream and the tissues surrounding the hip implant. When cobalt and chromium ions are released into the body, the risks of metallosis and metal toxicity increase exponentially. Metallosis can lead to inflammation surrounding the hip joint, chronic and extreme pain, deterioration of the bone and tissues, and total failure of the implant, requiring a revision surgery. The metal shards which make their way to the patient’s bloodstream can be responsible for any number of adverse health problems, including:
- Neurological, gastrointestinal, neurological and renal issues
- The formation of pseudo-tumors
- Diminishment or loss of hearing and vision
- Anxiety, irritability, depression
Getting the Help You Need From a Sullo & Sullo Stryker Hip Attorney
If you have suffered harm from a recalled Stryker hip device, it is important that you speak to a knowledgeable Stryker hip attorney from the Sullo & Sullo law firm at the earliest opportunity. The Sullo & Sullo attorneys have a deep understanding of the many health issues associated with the recalled Stryker hip implants and will conduct a thorough investigation into the facts relating to your Stryker hip case. We understand that this is a difficult time for you; we will fight aggressively for damages associated with your Stryker hip injuries. The reputable, highly experienced Sullo & Sullo Stryker hip lawyers will completely evaluate your Stryker hip implant claim. The time in which you are able to file your lawsuit against Stryker may be coming to an end however we will work tirelessly on your behalf to ensure you receive the settlement you are entitled to. claim
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