Lawsuits Resulting from Stryker’s Rejuvenate and ABGII Hip Stem Recall to be Transferred to the District of Minnesota’s U.S. District Court
HOUSTON, TX, June 13, 2013—Seeking to consolidate all Stryker ABGII and Stryker Rejuvenate lawsuits currently filed in federal courts, a Transfer Order dated June 12th, 2013, sent 41 Stryker lawsuits before the District of Minnesota, Honorable Donavan W. Frank. These 41 actions were previously pending in 16 districts; the Panel has been notified of another 110 related actions pending in other districts. Placing the lawsuits before a single judge and one federal jurisdiction effectively centralizes the claims, eliminating duplicate discovery, preventing inconsistent pretrial rulings on discovery or other issues and conserving the resources of all parties.
The cases involve alleged defects in Stryker’s Rejuvenate and ABGII modular-neck hip implants; plaintiffs claim the hip implants suffer fretting and corrosion at the neck junction and that early failure is a problem. Stryker’s request that this particular MDL include only the Rejuvenate and not the ABGII was denied. While most of the cases in the motion do involve the recalled Rejuvenate, three ABGII cases were added to the amended motion. The Panel believed there were sufficient similarities between the two models to warrant placing them in a single MDL, however separate tracks may be established later to accommodate the disparities between the two hip implants.
A recall was issued for the Rejuvenate and ABGII in July, 2012 after many patients reported pain, inflammation and adverse local tissue reactions requiring revision surgery. Metal toxicity could also be a problem as the microscopic metal ions can become lodged in surrounding tissues or enter the bloodstream causing a variety of serious health issues. This federal MDL is the second consolidated proceeding established for the Rejuvenate and ABGII during 2013. In January, 2013, the New Jersey Supreme Court established an MDL in Bergen County Superior Court for all Stryker cases filed in that state. A mediation process is currently in progress for the New Jersey MDL.
Contact:
Sullo & Sullo, LLP
Southwest Fwy, Suite 300
Houston, TX 77098
713-839-9026
Fax: 713-523-6634