July 09, 2015 - What is the Status of Current Stryker Rejuvenate/ABGII Lawsuits?
Following the Stryker Rejuvenate/ABGII hip recalls, many patients were unsure of what they needed to do next in order to protect their rights, their health and their future. Lawsuits began coming in quickly after the recall, which occurred in July, 2012. At the time of the recall, Stryker stated the devices had a higher-than-normal risk of failure and were subject to Stryker Rejuvenate/ABGII hip fretting and corrosion (Stryker Hip Metallosis). After fretting and corrosion occurred in an implant, excessive amounts of tiny metal ions could shear away from the device, traveling to the patient’s hip tissues and bloodstream.
There are currently more than 2,300 Stryker Rejuvenate/ABGII hip lawsuits filed, the majority consolidated into Stryker Rejuvenate/ABGII hip multidistrict litigation in New Jersey and Minnesota. The Stryker Rejuvenate/ABGII Hip New Jersey Consolidation has nearly 1,200 cases, while the Minnesota MDL has approximately 1,040 cases. Seventeen Stryker Rejuvenate/ABGII hip lawsuits have been settled through mediation, while others are currently being chosen for bellwether cases which will be representative of a large group of Stryker patients.
How the New York Stryker Rejuvenate/ABGII Hip Statute of Limitations May Affect You
It is extremely important for you to understand that your right to recover damages from Stryker may be affected by the New York Stryker hip statute of limitations. Whether you experienced health problems associated with your Stryker implant soon after your implantation surgery or whether you have not yet had any adverse health issues related to the Stryker Rejuvenate/ABGII hip recalls, you have only a narrow window of opportunity in which to file a New York Stryker Rejuvenate/ABGII hip lawsuit. In the state of New York, action must be brought within three years of the date the injury occurred. While this may sound relatively straightforward, there can be a number of factors involved in determining exactly when your statute will run. The best way to ensure your rights are protected is to contact an experienced New York Stryker Rejuvenate/ABGII hip lawyer who can assess your case and determine exactly when your New York Stryker Rejuvenate/ABGII hip statute of limitations will run.
The Broadspire Letter and How It Could Affect You
Shortly after the Stryker Rejuvenate/ABGII hip recalls, Stryker hired Broadspire, a third-party claims administrator to handle reimbursement claims for patients affected by the recall. Stryker announced that Broadspire would be reimbursing patients for necessary testing, treatment, revision surgery when necessary and other costs related to the recall. Unfortunately, “necessary” was not clearly defined, meaning many of those injured by a Stryker Rejuvenate/ABGII hip implant would not receive the reimbursement necessary to cover their medical expenses related to a Stryker device. Broadspire also asked hip implant recipients to sign medical authorization forms. Many attorneys believe this was a direct effort to gain unfettered access to the patient’s medical history which could then be used against the patient at trial. As an example, Stryker could claim that a patient with diabetes experienced problems because of the disease, rather than due to a defective Stryker implant.
Speaking to an Experienced New York Stryker Rejuvenate/ABGII Hip Lawyer
It is important that you speak to a knowledgeable New York Stryker Rejuvenate/ABGII hip lawyer as soon as possible if you have suffered injury from a defective Stryker Rejuvenate/ABGII hip implant. Your Stryker attorney will assess the facts of your individual case, determining what compensation you are entitled to receive. Residents of the following locales in New York who received a Stryker Rejuvenate/ABGII hip implant are encouraged to contact a New York Stryker hip attorney:
· New York, New York
· Brooklyn, New York
· Queens, New York
· Manhattan, New York
· Bronx, New York
· Staten Island, New York
· Buffalo, New York
· Jamaica, New York