For those who have received a recalled Stryker ABG II or Rejuvenate hip implant there are a number of issues to be aware of. Both the ABG II and the Rejuvenate were recalled in July of 2012 due to the risks of corrosion and fretting. While not “true” metal-on-metal hip implants (which are responsible for large numbers of problems among recipients) these two recalled Stryker models have a metal neck juncture as well as metal trundles which can corrode when body fluids become trapped beneath. This corrosion can lead to inflammation, pain, tissue and bone loss and the need for revision surgery as well as metal toxicity and the resulting adverse symptoms.
Recall lawsuits from patients harmed by the ABG II and Rejuvenate have been instigated; if your health has been damaged due to one of these implants you could be entitled to compensation. It is important that you know the name of the surgeon who performed your initial hip replacement as he or she could be called to testify against Stryker. You will need to have a complete medical diagnosis done to determine whether you are in immediate danger from loss of bone and tissue or metal toxicity. Following that diagnosis you will know whether or not the surgeon who did your initial surgery feels you should undergo revision surgery.
Although there will be class action suits filed against Stryker, you should speak with an attorney before joining such a lawsuit. Those who take part in class action lawsuits might not even recoup their actual medical expenses and losses suffered from the defective implant. Once you have spoken with your physician and had the required tests, it is wise to seek a second medical opinion from a surgeon other than the one who performed your initial implant surgery.
One of the most important things you can do is to keep careful records of everything related to your implant. Make a record of any pain you have experienced as a result of the implant, any way it has adversely affected your day-to-day life, every doctor you have seen as a result of the implant and any treatments you have undergone. Don’t put off treatment believing you will receive more compensation and if you are truly able to continue working, thenyou should do so. Any other course of action could hurt your case in the long-run.
Keep a careful record of all expenditures related to the implant. To ensure that your rights are fully protected from the very beginning, you should speak to an attorney sooner rather than later. Even if you have not yet experienced adverse effects from your implant remember that the failure rate is fairly high within five years from the time of the implant. This means that even if you have not yet had problems, you could. Having an attorney in your corner from the beginning will ensure you do not miss your window of opportunity regarding the statute of limitations, and will protect you should your implant fail down the road.
Remember that only a knowledgeable attorney who has had extensive experience in cases like this can truly ensure that you will get the compensation you deserve. Despite the fact that Stryker voluntarily recalled the ABG II and the Rejuvenate don’t expect them to write you a check to cover your expenses—only a lawsuit will help you pay for your medical expenses or recover lost wages, pain and suffering or permanent disability you may have suffered. You attorney will not let the statute of limitations pass you by, will know the right questions to ask and will fully understand that evidence must be preserved. If someone you know—or don’t know—tries to dissuade you from filing a lawsuit, remember that no reputable attorney will try to convince you to sue if a lawsuit is not appropriate.