According to PR Web, the original estimates of costs associated with Stryker’s ASR recall and subsequent lawsuits are quickly escalating. Stryker’s ABGII and the Rejuvenate were recalled this past June, 2012. Both implant models have been found to have a significant risk of corrosion and fretting which can, in turn, lead to metal toxicity. When the metal pieces of the metal implants hip implant chafe against one another when the patient is active, tiny metal ions can shave away from the implant, burrowing into surrounding tissues or entering into the bloodstream. Inflammation, tissue necrosis, bone loss and pain are all potential risks of metallosis.
What Are Stryker’s Responsibilities?
Stryker will be responsible for patient blood tests to test the levels of cobalt and chromium in the body, MRIs, X-rays, potentially treating patients or paying for revision surgery and, of course the cost of the impending lawsuits. As more lawsuits are filed, Stryker has increased their original cost estimates to anywhere from $190 million to $390 million. Doctors and attorneys familiar with the Stryker hip recall are encouraging patients to come forward even if they have yet to experience adverse symptoms. Virtually every person who has a Stryker ABGII or Rejuvenate—or any other metal-on-metal hip implant—is at risk of potentially serious and long-term health consequences. Having a potential case evaluated sooner rather than later can ensure implant recipients get the treatment and compensation they deserve.
One More Metal-on-Metal Hip Implant Recall
The Stryker recall follows all-metal hip implant recall, the DePuy ASR. The ASR was recalled in 2010 and over 10,000 lawsuits have been filed against DePuy and its parent company, Johnson & Johnson. The first state trial against DePuy is ongoing and currently in its fourth week. Attorneys for Johnson & Johnson have done their best to attribute the revision surgery the Plaintiff underwent to previous health conditions rather than to the metal implant. It is expected that Stryker will possibly follow suit, particularly since they have brought Broadspire—a third-party risk-management company for large insurance companies and employers—on board just as DePuy did before them.
The Broadspire Approach
Broadspire sent out letters to implant recipients, offering to pay revision surgery costs in return for signed letters which gave Broadspire access to the patient’s medical records. It is believed this was a calculated move—once access to those medical records was obtained, the manufacturer could then potentially use the patient’s prior medical history to shift the “blame” from the hip implant. In the current DePuy trial, Kransky v. Depuy, Loren Kransky had cobalt levels in his body nearly eight times the levels which are considered “safe.” Although Stryker obviously believes their costs are going to be considerably more than they originally thought, they will, like DePuy and Johnson & Johnson, likely do their best to keep their financial costs to a minimum.