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The South Dakota Stryker Hip Statute of Limitations and How It May Affect You
If you are a South Dakota resident who was affected by the Stryker hip recall, it is important that you have a thorough understanding of the South Dakota Stryker hip statute of limitations. The Stryker hip recall took place in July, 2012, less than three years following the release of the ABGII and the Rejuvenate. After the Stryker hip recall, many of those who had been implanted with one of the recalled hip devices had serious concerns about their future. You may have such concerns as well. The statute of limitations governs the amount of time consumers have to file a lawsuit against the manufacturer of a defective product, and varies from state to state.
South Dakota allows three years from the date of the injury and additionally has a six-year statute of repose, which runs from the purchase date of the product.
While this may sound relatively straightforward, the statutes can be filled with complexities. Your very best bet is to speak to a knowledgeable South Dakota Stryker hip lawyer at the earliest possible time in order to determine when the statutes will run in your particular case. It is extremely important that you not exceed the South Dakota Stryker hip statute of limitations, or you will have missed your window of opportunity in which to receive compensation for your injuries.
In short, the only way to know for sure when the statutes will run in your case is to contact an experienced South Dakota Stryker hip lawyer.
If you are unclear about what led to the Stryker hip recall, the following could help you understand the problems associated with the Rejuvenate and the ABGII.
What Went Wrong With the Stryker Rejuvenate and ABGII?
At the time the Rejuvenate and ABGII were released, surgeons and patients alike had high hopes for this new, innovative metal hip design. Unlike other metal-on-metal hip implants—many of which had experienced serious problems, recalls and lawsuits—the Rejuvenate and ABGII implemented a ceramic ball rather than a metal one. This one change was expected to significantly reduce the amount of corrosion and metal shear associated with all-metal devices, thus cutting the risk of metallosis and metal poisoning for patients.
The new Stryker hip implants were touted as being safer and longer lasting than most other implants on the market. Yet within a few short months of the release, patients and surgeons were contacting the FDA, claiming they—or their patients—were experiencing significant issues associated with the ABGII or the Rejuvenate. Surgeons who removed the devices noted evidence of substantial amounts of corrosion on the implants and patients were seeing symptoms of metallosis and metal toxicity.
What are the Symptoms of Metallosis and Metal Poisoning?
When a metal hip implant undergoes corrosion and fretting, small cobalt and chromium shards can shear away from the device, landing in the hip tissues and leading to metallosis. Symptoms of metallosis include acute pain in the hip, thigh and groin, inflammation in the hip region, degradation or death of bone and tissue and total hip failure. When these cobalt and chromium ions reach the bloodstream, the following health issues can occur: kidney failure, thyroid issues, gastrointestinal disorders, skin rashes, headaches, the development of pseudo-tumors, neurological disorders, loss of vision and hearing, cardiovascular disorders such as heart attack and stroke, reproductive disorders, anxiety, depression, irritability, loss of memory, vertigo and disruption of DNA.
Whether you have suffered any of these health issues or not, it is extremely important that you speak to a knowledgeable South Dakota Stryker hip lawyer who will work hard to ensure you recover your medical expenses, compensation for pain and suffering, and, when warranted, punitive damages. If the Stryker hip recall has made you worry about your health and your future, a South Dakota Stryker hip lawyer can help.