!STRYKER HIP SETTLEMENT ALERT! Stryker Hip Implant Recipients TAKE NOTE - Stryker Corporation has reached a 1.4 billion dollar settlement in its metal hip implant MDL. Learn all about the Stryker Master Settlement Agreement here.
Have You Been Affected By the Stryker Hip Recall? In July, 2012, Stryker Orthopedics recalled the Rejuvenate and ABGII hip implants; the two devices had only been on the market since February, 2010. At the time the two implants were released, Stryker claimed they would last much longer than other hip implants (from 15-20 years, potentially) and that the devices were much safer than other metal-on-metal hip implants. These claims were less than accurate, as adverse event reports began coming in to the FDA within a few short months of the release of the two devices. A number of surgeons reported that when removing a Rejuvenate or ABGII from their patient, a substance which looked like “black rust” was present, while others noted the presence of a milky substance in the hip tissues.
Many recipients of one of the hip implants found they were have symptoms of metallosis or metal poisoning relatively soon after their implantation. In the two and a half years the Rejuvenate and ABGII were on the market, over 20,000 were sold. At the time of the Stryker hip recall, the company conceded that the failure rate of both devices was higher than normal and that there was a higher likelihood of fretting and corrosion at the neck junction, leading to the release of excess cobalt and chromium ions into the bloodstream and surrounding hip tissues. Of course Stryker also attempted to minimize their liability by claiming many of the bad results were either due to the patient’s prior medical history or the surgeons’ inability to properly place the device or properly clean the device.
The company stated that patients with a metal sensitivity, those who were overweight, or those with a prior infection, diabetes or other medical issues were more prone to developing metallosis or metal toxicity. Symptoms of metallosis include acute inflammation, pain in the groin, hip or thigh, destruction of bone and tissue and total hip failure. Many of these symptoms will eventually lead to the necessity of hip revision surgery. Symptoms of metal poisoning include: gastrointestinal, renal, thyroid, neurological and cardiovascular disorders, loss of hearing and vision, memory loss, vertigo, reproductive disorders, the development of pseudo-tumors, disruption of DNA, and the development of certain types of cancers.
Will You Be Affected By the New Hampshire Stryker Hip Statute of Limitations?
All of those who have been injured by a defective product must file a lawsuit within the statute of limitations for their particular state. While these statutes range from one year to ten years,
New Hampshire allows three years from the date the injury occurs—except where a legal duty has been imposed by the government, in which case the action must be brought within six years.
Like some other states, New Hampshire also has statutes of repose which are twelve years from the time the defective product is manufactured and sold.
The statute of repose is not dependent on injury, rather on a specific event. The New Hampshire Stryker hip statute of limitations can be much more complex than it appears at first glance, therefore it is important that you consult a highly qualified New Hampshire Stryker hip lawyer as soon as possible.
There is truly no way to know exactly when your statutes may expire without benefit of an experienced New Hampshire Stryker hip lawyer’s assessment of your case.