The Stryker Corporation is currently swimming in a sea of litigation over its defective Rejuvenate and ABG II hip systems; which have been pulled from the market after being deemed unsafe to be used as medical devices. Over six hundred lawsuits have already been filed and it is expected that these preliminary cases are only the beginning.
The company is under fire because the metal-on-metal components of its hip replacements have caused additional complications to the patients who received them. The complications include discomfort, popping of the device in the joint, inflammation, infection and metalosis— a form of poisoning that occurs from exposure to certain metals.Rejuvenate and ABG II Recalls
After multiple complaints to the FDA about its products and litigation brought forth by the first group of plaintiffs, Stryker has issued a class two recall of the Rejuvenate and AGB II hip replacement systems. Another 20,000 of the devices were able to make it onto the market before Stryker issued the recall, however, meaning that the company is only braving the beginning of the impending legal storm at the moment. In anticipation of further complaints and the need for settlements in the near and distant future, Stryker has Broadspire Services as a third party claims administrators to handle out of court settlements with plaintiffs.How Will The Stryker Litigation Proceed?
Last year, Stryker was only faced with a handful of cases but is now expected to see nearly four hundred cases go to trial. Most of these cases have been grouped together and will be handled in the following manner.
- Cases have first been consolidated and are currently in pretrial in the District Court of Minnesota. Those cases which have been filed at the state level are undergoing a similar process but are being handled in Bergen County in New Jersey.
- After pretrial, the court will select several cases that are indicative of the broader spectrum of complaints to be heard formally.
- Many of the cases will go to court individually or be settled out of court if the plaintiffs agree to the settlement offers.
- The current cases have been combined and any cases that surface in the future may be combined with the currently consolidated cases to make the process easier on the courts.
While Stryker attempts to settle as many cases as it can outside of the courtroom, it is important never to agree to a settlement without first discussing the terms with legal representation. Stryker is going to do everything that it can to limit its financial responsibility in this case, including offering settlements that may not be in the best interests of those who were hurt by its products. Rosenfeld Injury Lawyers have the resources and knowledge needed to protect your interests and to ensure that your case earns the compensation that it deserves.
If you received a defective hip implant from Stryker and it caused you undue pain and suffering, contact us now so that we can inform you of your rights, review the details of your case and advise you on how to proceed. We want to be the ones that fight for you and are confident enough in our ability to do so that we promise never to charge you for our services unless we are able to collect damages on your behalf.