Thursday, May 12, 2016

I am a Stryker Hip Implant Recipient and I Already Registered With Broadspire—Can I Still Hire a Lawyer?

May 12, 2016 - The Stryker Hip Recall - Thousands of patients were dismayed to hear of the Stryker hip recall in July 2012, which recalled both the Rejuvenate and the ABGII. The two devices had been on the market less than three years at the time of the recall, however hundreds of adverse event reports to the FDA detailed many problems experienced with the two devices, including Stryker hip metallosis and Stryker hip blood poisoning. Many of these same patients were forced to undergo Stryker Rejuvenate revision surgery or Stryker ABGII revision surgery. Later, in November 2014, Stryker offered a settlement agreement to those eligible patients who had undergone revision surgery due to injuries from a recalled Stryker ABGII or Rejuvenate.

 

Did You Receive a Stryker Hip Broadspire Letter?

Prior to the settlement agreement, many patients received a Stryker hip Broadspire letter. Broadspire is a third-party company brought in by Stryker to protect their interests. The Stryker hip Broadspire letter offered some level of compensation to those who were injured by a Rejuvenate or ABGII. This compensation could include revision surgery costs, however those who sign the Stryker hip Broadspire letter could be giving up valuable rights in the process.

 

Broadspire asked those who signed the Stryker hip Broadspire letter for something in return—access to the removed hip implants and access to the patient’s medical records. Many attorneys believe the ultimate goal of gaining access to the removed Stryker implant and the patient’s medical records was to reduce the liability of Stryker. A patient who allows Broadspire and Stryker to have the removed implant could then be unable to use the damage, which is apparent on the removed implant, in their own case against Stryker. Remember—you purchased your Stryker hip implant, therefore you are the owner of the implant regardless of whether it is still in your body or has been removed.

 

Stryker Could Use Your Medical Records against You

Granting Stryker unfettered access to your medical records is also a very bad idea. Stryker could find other issues in your medical records such as prior infection, diabetes or other medical problems, and claim your Stryker ABGII or Rejuvenate failed because of those prior medical problems, rather than because the device was defective. In the end, turning over your confidential medical records and your removed implant could cause you serious, far-reaching consequences.

 

What if I Already Signed a Stryker Hip Broadspire Letter?

Even if you have already signed the Stryker Broadspire letter, don’t panic. Speak to a knowledgeable Stryker hip attorney to help ensure your rights and your ability to bring suit against Stryker are properly preserved. You still have options available, even if you signed the Stryker Broadspire letter. If you have not yet signed the Stryker Broadspire letter—don’t do so until you have talked to a Stryker hip lawyer. Don’t wait until you have undergone revision surgery (if you haven’t yet) to speak to an attorney. It is best that the device be preserved, and you may qualify under the Stryker hip settlement.
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Author: Andrew Sullo
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Andrew Sullo

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Andrew Sullo is a National Trial Lawyer's Top 100 Selection for 2013-2018. He is also a member of the American Association of Justice.

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