January 23, 2015 - If you are the recipient of a Stryker Rejuvenate or ABGII hip device, then you are likely aware that both models were recalled in July, 2012. Over 4,000 lawsuits were instigated against Stryker following the recall for harm suffered from a Rejuvenate or ABGII device. Patients suffered metallosis, metal poisoning, and many were required to have their Stryker ABGII or Rejuvenate removed and replaced with a safer model.
More than 20,000 of the devices were sold between early 2010 when both models were aggressively marketed and the time of the recall. Some research places the failure rate of the ABGII and Rejuvenate potentially as high as 65% after six years, therefore many patients who have not yet experienced problems associated with their Stryker metal hip could do so in the future. Whether or not you have experienced problems with your Stryker hip implant, you should be aware of the Stryker Hip Settlement Agreement which is currently pending.
Stryker Agrees to Settle a Portion of the Stryker Claims
Settlement of eight of the lawsuits occurred in late 2013 after mediation attempts, and later another nine Stryker cases were settled—all for an undisclosed amount. Bellwether trials were being set, however Stryker apparently decided to follow the lead of DePuy and Johnson and Johnson regarding the recalled ASR, and settle as many cases as possible. Stryker chose to offer settlements to those persons who were implanted with a Rejuvenate or ABGII modular hip stem who underwent revision surgery. The eligibility requirements under the current proposed settlement include:
· The patient must have had their Rejuvenate or ABGII hip implant (both neck and stem) removed before November 3, 2014, and more than six months after the original implantation;
· The surgical revision procedure must have occurred in the United States (or in a U.S. military hospital);
· Higher than normal levels of cobalt, abnormal diagnostic scans or evidence of tissue damage must have been responsible for the revision surgery;
· Trauma, infection or recurrent dislocation must not have been the only reason for the revision surgery, and
· The hip implant must have been removed for an additional reason aside from implant breakage.
Stryker Hip Settlement Information for Unrevised Claimants
If you are one of the thousands of Stryker claimants who has not yet undergone revision surgery, you are not eligible for the proposed Stryker hip settlement agreement, however you do still have certain rights. There is one exception for revision under the settlement; patients whose doctors recommended revision surgery but who were not able—medically—to endure the surgical procedure may be eligible for a one-time $75,000 payment. Patients who have not undergone revision surgery, but have such a surgery scheduled after November 2, 2014, can possibly participate in the settlement if Stryker extends the deadline. (There is no guarantee, but the possibility exists that the company may do so.)
If you are not among those who have gone through revision surgery, but you currently have a lawsuit filed against Stryker, your case will remain pending until November 3, 2015. At that time your case will be dismissed without prejudice. Your case will then fall under your state’s statute of limitations, tolling five years from your original surgery or until June 30, 2017—whichever comes first. It can be advantageous for you to speak to a knowledgeable Stryker hip surgery in order to determine your best course of action regarding your recalled Stryker hip implant.