What Types of Compensation may be Available in my Stryker Hip Implant Case?
Rosenfeld Injury Lawyers LLC represents people with post-surgery injuries caused by complications of replacement hip and knee implant procedures and other types of professional negligence. Our law firm has extensive experience in resolving cases for our clients who have required revision surgery after receiving the defective implant that was voluntarily recalled by the device manufacturer or forcibly recalled by the Food and Drug Administration (FDA).
Our lawyers are available to answer any legal question on how to receive the compensation you deserve if a malfunctioning medical device injured your loved one. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.
Stryker Implant Injury Compensation Information
Stryker Howmedica Osteonics Corporation, the manufacturer of numerous artificial modular hip replacement systems, faces ongoing litigation involving thousands of injured patients. The plaintiff has based their lawsuits on defective Stryker hip implants and components including the Rejuvenate, ABG II, Citation, Accolade and Meridian medical devices, along with LFIT Anatomic V40 Femoral Head implants.
The defective hip implant injury attorneys at Rosenfeld Injury Lawyers LLC provided the facts posted below to assist families in making a more informed decision when seeking justice in taking legal action to obtain the compensation they deserve for their injuries.
Stryker Agrees to a Settlement
In 2014, Stryker Orthopedics agreed to pay $1.42 billion to settle thousands of lawsuits filed by injured patients in 39 states who were harmed by the company's defective hip replacement devices. The unique settlement has an unlimited monetary fund designed to pay out financial compensation for each claimant's injuries based on their circumstances. The arrangement provides monetary recovery of past and ongoing damages and payment for future hip replacement revision surgeries that will likely be required in the years ahead.
A few years after the settlement was reached, Stryker notified the court system that the company was ready to move ahead in providing additional compensation as directed by the second litigation settlement program. The corporation stated that they would be providing Moore compensation funds to “additional eligible US patients who had surgery to replace their Rejuvenate Modular Hip Stem and ABG II Modular Hip Stem, known as revision surgery, prior to December 19, 2016.” Injured patients began enrolling in the newly announced program in early 2017.
Their voluntary recall of every Rejuvenate and ABG II hip implant device removed inventory that was still available for use in the medical marketplace. However, even with the early recall, the company still faces significant problems from patients who are just now experiencing issues with Stryker implant devices and with the remaining products they consider safe and available in the medical marketplace.
Product Safety Concerns
In May 2018, the company released a Product Safety Notification to inform doctors, patients and the medical community of concerns of the LFIT Anatomic V40 Femoral Head. The company states that they have received a higher than expected number of formal complaints from injured patients who were harmed by hip stem/femoral head disassociation. This Safety Notice was released less than two years after the similar August 2016 Notice identifying seven catalog numbers (nearly 45,000 units) of problematic devices still available for sale.
The LFIT Anatomic V40 Femoral Head component system is a customizable femoral head that surgeons use in hip replacement procedures. The units were designed to be interchangeable with all total hip arthroplasty devices manufactured by the Stryker Corporation. Unfortunately, the implant components have produced unexpected problems including the potential for corrosion due to defective parts in the head-neck junction that can produce metallosis (metal poisoning) and catastrophic dissociation.
The Safety Notification identified significant complications that cause severe injuries to the patients who were fitted with the device. Some of these injuries involve:
- Intense pain caused by implant loosening
- Hip dislocation
- Leg length discrepancies
- Fractured prosthetic components
- Limiting or loss of range of motion
- Inflammatory response
- Hip/stem trunnion fractures
- Automatic ALTR (Adverse Local Tissue Reaction)
Many patients received an artificial hip replacement device to treat hip joint deterioration that was restricting their mobility, creating joint stiffness, or producing intense pain. Unfortunately, there have been significant problems with nearly all artificial joint replacement devices over the last few decades because of their faulty component designs. Common failures associated with metal, ceramic and plastic (polyethylene) artificial hip devices and components involved:
- Metal Devices and Components – Stryker and other medical device makers, design and manufacture total or partial artificial hip devices constructed of chromium and cobalt. These metal alloys are known to generate metal ions and corrode over time, releasing highly toxic cobalt particles and debris that inflames the bone and tissue surrounding the joint and causing metal poisoning (metallosis) that can find its way into the bloodstream and enter other parts of the body.
- Ceramic Devices and Components – Stryker and other companies produce artificial hip implant devices fabricated out of ceramic components that tend to be smoother than metal-polished components. However, the ceramic parts are extraordinarily brittle and easy to break after the device is implanted.
- Polyethylene (Plastic) Devices and Components – Device manufacturers use polyethylene plastic because of its high molecular weight properties when building hip joint sockets (acetabular cups).
Your surgeon might have described the implant used in your surgical procedure as a metal-on-metal, metal-on-ceramic, or ceramic-on-ceramic device. While devices fabricated with only ceramic or polyethylene cannot cause metallosis (metal poisoning) every combination of material used in the manufacturing of artificial hips has potential complications and risks.
How can Stryker pay Compensation to Thousands?
While Stryker saw a significant decrease in their fourth-quarter earnings in 2016 totaling more than $510 million, the company still has robust sales. For all of 2016, Stryker generated over $11 billion in total sales.
Stryker Howmedica Osteonics Corporation issued a press release announcing that the company enters “2017 with good momentum across our businesses and look forward to a building on the success.” That said, during August 2017, Stryker quietly removed over 42,500 LFIT Anatomic V40 femoral device implants that were available for sale because of numerous reports citing adverse events.
Stryker's Voluntary Recall
In July 2012, the Food and Drug Administration (FDA) notified the Stryker Corporation of the number of reported adverse events involving their Rejuvenate and ABG II devices that had been sold in the marketplace for five years. The company decided to voluntarily recall these on sold devices citing potential health hazards after they had been implanted in thousands of men and women since 2007. Historically, the two problematic artificial hip devices had a “higher than expected” premature failure rate, which led many injured patients to file a lawsuit for compensation.
Problems associated with the medical devices likely did not surprise company officials. Years earlier, Stryker applied for FDA approval through an expedited submittal option known as a section 510(k) Premarket Notification Submission process. This process sidesteps the need to perform clinical trials after years of testing to determine the product's efficacy and safety features. Instead, the expedited process ties newly submitted products to previously approved products that were deemed to be effective and safe on a substantially equivalent level.
By using the expedited process, Stryker elected to conduct aftermarket surveillance of their artificial hip device products after they had already been implanted in thousands of patients. It took only a few years to discover that the design and materials used to construct the artificial devices were susceptible of spreading and corroding.
Future Settlements and Verdicts
Stryker agreed to pay injured patients out of multibillion-dollar settlements for past problems. The agreement involves masked settlement amounts that will occur in the future to cover the total cost of all defective Stryker hip implant lawsuits. Individual settlement amounts will be based on “the number of an actual cause of patients seeking testing and treatment services, the number of an actual costs of patients requiring revision surgeries, the number of an actual costs to settle lawsuits filed against us, and the amount of third-party insurance recoveries.”
Cases are Still Being Heard
In late 2014, bellwether cases were finalized in a federal Minnesota multidistrict litigation (MDL) court to determine payouts in class action suits. However, some injured patients are deciding to fight Stryker head-on by filing independent claims in many states including Illinois, Florida and New Jersey.
These multi-billion dollar compensation settlements are not just affecting the Stryker Howmedica Osteonics Corporation, but other device manufacturers as well. Johnson & Johnson's DePuy Orthopedics division has agreed to settle with lawsuit plaintiffs over its ASR XL device, after injured patients complaint of defects, health hazards, and complications. Wright Medical is also facing compensation lawsuits filed nationwide in federal and state courts.
Hundreds of Thousands of Suits to be Filed
More than 500,000 men and women in the United States could potentially suffer significant harm and dangerous side effects caused by defective metal-on-metal artificial hip implants. The plaintiff's attorneys will likely base their lawsuits on current problems associated with defective hip implant devices. Many of potential plaintiffs have suffered metal poisoning (metallosis), cancer, necrosis (tissue death), hip dislocations, pseudo-tumors, and implant failure that can only be corrected through costly and painful revision surgeries.
Hiring an Attorney can Help
Individuals who suffer severe injuries caused by complications with their hip implant replacement products are entitled to file a claim for compensation. New settlement agreements are providing monetary recovery to injured plaintiffs based on the extent of their damages, injuries, and harm. Our defective device injury attorneys have successfully prosecuted hundreds of cases involving defective medical devices. We fight aggressively on behalf of our clients to ensure that implant manufacturers are held financially accountable for designing, manufacturing, promoting, marketing and selling their defective product.
If a faulty medical device caused your loved one harm, it is time to take legal action to ensure your family receives the financial compensation they deserve. The product liability attorneys at Rosenfeld Injury Lawyers LLC fight aggressively for our clients. We provide every client a “No Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf, you owe us nothing. Additionally, we will handle every aspect of your case and promise in writing:
- You pay nothing upfront to get started,
- Our law firm will pay all expenses and costs if we are unsuccessful in resolving your case,
- You will not pay any legal fees until we negotiate your acceptable settlement or win your lawsuit at trial, and
- Phone calls to speak with our attorneys are always free (we encourage communication to keep in touch on the progress of your compensation case).
Contact our attorneys today to schedule a free, no-obligation case consultation to discuss the merits of your compensation claim. Our legal team accepts all personal injury case, wrongful death lawsuit, product liability suits and medical malpractice claim through contingency fee agreements. This arrangement postpones the payment of legal services until after we have successfully resolved your case through a jury trial or negotiated out of court settlement. All information you share with our law office remains confidential.
For additional information see the following pages:
- What Stryker hips have been impacted by the FDA recall, and how do I know if I have one?
- Have all Stryker hip implants been recalled, or just specific designs?
- Why have the Stryker Rejuvenate and ABG II Modular Hip Neck systems been recalled?
- What are signs that my Stryker hip implant has failed or is defective?
- Should I hire a lawyer for a case involving my Stryker hip implant?
- Will I be able to afford hiring a lawyer to represent me in a Stryker Rejuvenate hip implant case?
- What type of legal actions are available to recover funds from Stryker?
- Why should I consider hiring a lawyer as opposed to entering the Broadspire program to have my expenses paid?
- What are injuries associated with defective Stryker hip implants such as the Rejuvenate and ABG II?
- If I require a revision surgery due to my defective Stryker hip implant, may I still collect damages?
- What are the risks associated with a hip revision surgery?
- What are the design flaws in Stryker hip systems?
- Is it true that Stryker hip systems can cause metal poisoning, and if so, what types of metals are contained in the Stryker hip implants?
- Does your law firm have any relationship with the Stryker Corporation?
- How can I find a lawyer to represent me in my Stryker hip implant case?