February 07, 2015 - Attention Stryker Hip Implant Recipients! You may be entitled to monetary compensation if you were implanted with a Stryker Rejuvenate or Stryker ABGII metal hip implant. Read more about the Stryker Hip Settlement Agreement.
In November, 2012, Stryker announced they would be bringing former DePuy CEO, David Floyd, on as the new president of the orthopedics division. Floyd left amid controversy, following the recall of the DePuy ASR and subsequent lawsuits. Just as Broadspire—one of the largest insurance and claims adjusters in the world—was brought on board to minimize the damage to DePuy and Johnson and Johnson, Broadspire was soon working with Stryker as well. A “Broadspire” letter was sent to recipients of the recalled Rejuvenate and ABGII as well as to surgeons who implanted the devices in their patients.
While Broadspire offered to pay the recipients of recalled Rejuvenates and ABGII’s for costs of revision surgery, the company asked for something in return—access to the patient’s medical records. Many attorneys were alarmed by the Broadspire letter because it not only asked for patient’s medical records, it asked that the removed hip implants (explants) be sent to them. Recipients of a Rejuvenate or ABGII must be extremely cautious after receiving a Broadspire letter. Signing a Broadspire letter with no safeguards in place could allow Stryker to inquire about totally unrelated medical conditions with no notification to the patient, waiving the right to privacy.
As a recipient of a recalled Stryker implant, you purchased that implant and neither Broadspire nor Stryker has the right to ask that it be returned. With unlimited access to patient’s medical records, it is likely Stryker will attempt to prove that it was not their hip implant that caused the problems, rather a prior medical issue such as diabetes, metal sensitivity or an infection. In other words, the medical records will be used as evidence against plaintiffs. Stryker could even claim the implant failed because the patient was over-active, overweight, or had fallen at some point in their life.
If Stryker is allowed access to the explants, once they are in possession of that valuable evidence, the explants may become “unavailable,” leaving the plaintiffs’ attorneys unable to prove the devices were severely corroded. Stryker Rejuvenate or ABGII explants have a story to tell, and if Stryker ends up with the explant, that story is forever gone. Once Stryker is in possession of the explanted device, it may not be available as evidence at trial, therefore the patient’s attorney will be unable to show that the device was severely corroded.
Giving up such crucial evidence means it is highly likely it will never be returned; while the surgeon can testify as to the condition of the removed implant being able to show the jury the areas of corrosion and fretting is much more convincing. Before signing a Broadspire letter patients should absolutely speak with an attorney who understands all the issues surrounding the Stryker recall and potential lawsuits.