Saturday, November 10, 2012

The Stryker Rejuvenate and Stryker ABGII Hip Implant Recalls

Why Patients Aren’t Getting the Message

Stryker Orthopedics issued a recall in July of 2012 for their Rejuvenate and ABGII hip implants. This recall followed a May 2012 Canadian recall as well as an Urgent Safety alert sent out to hospitals and physicians in April, 2012 regarding the potential risks of these two hip implants. Historically, it appears that Canada is a bit ahead of the curve as far as getting dangerous medical devices or drugs off the market.

Stryker’s Response vs. DePuy’s Response to a Recalled Hip Implant Device

Stryker’s reaction to the recall is in obvious contrast to the response from Johnson & Johnson regarding the DePuy ASR hip implant recall. Immediately following the ASR recall DePuy announced a method for victims to have the defective hip implant removed. DePuy hired an independent company, Broadspire, to process victim’s claims for their medical expenses as well as certain other expenses associated with the removal of the defective hip implant. While this program may have its flaws as far as getting those harmed by the hip implants the assistance they need, many believe it was a step in the right direction.

Others are not so sure. A Reuters blog regarding the ASR recall notes that DePuy’s move to hire Broadspire prompted considerable debate among industry and legal experts. While some saw it as a help to potential victims of the recalled implant, “Others see it as a way for J & J to limit payments while gaining control of medical records and other material that could be used against patients in court.” Drug Watchdog further cautions recipients of the ASR to seek qualified legal advice prior to signing any form which could limit their future rights.

No Assistance from Stryker in Sight

As of this date, Stryker has yet to implement a program such as Johnson & Johnson did or offer any type of support to recipients of the Rejuvenate or ABGII. Further, the recall notices are coming from physicians rather than directly from Stryker, meaning they are slow getting into the hands of those who have had a Stryker hip implant with one of the recalled devices. Stryker’s “official” response on their patient website was simply to advise those who had received a Rejuvenate or ABGII modular-neck hip stem who had noticed any undue pain or swelling around the hip to contact their surgeons. The website further notes that “If you have no symptoms, you should continue to follow the post-operative plan that your surgeon has outlined for you.”

How Many People are Affected?

Andrew Sullo, Managing Partner of Sullo & Sullo, a national products liability law firm based in Houston, Texas, notes that, according to marketing data, there appears to be between 30,000 and 50,000 of the Rejuvenate and ABGII recalled devices implanted in patients across the globe, however there is really no good news at this point regarding the recalled Stryker hip implants. For those with a Rejuvenate or ABGII hip implant device it could be beneficial to seek knowledgeable legal advice.

Author: Sullo & Sullo Attorneys

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