In early 2014, Stryker Corporation settled the first four Rejuvenate and ABGII hip replacement lawsuits filed since the Stryker hip recall. On March 15, 2014, eight more Stryker Rejuvenate hip lawsuits were settled. Following the resolution of the first four Rejuvenate cases, ten more were ordered to mediation by Judge Martinotti. One of those cases was delayed, and eight of the nine remaining cases reached a successful resolution. These MCL cases were chosen from the more than 1500 cases before the Superior Court of New Jersey for Bergen County. In MCL cases, each case is heard on its own merits, though they share in the discovery process. Another ten cases were selected for mediation after the last eight were settled. The amount of the settlement for the first four Stryker MCL cases was undisclosed.
FDA Adverse Reports Following the Stryker Hip Recall
The Stryker Rejuvenate and Stryker ABGII metal hip implants were recalled in July of 2012, after receiving FDA approval in 2008 for the Rejuvenate and 2009 for the ABGII. In the first few years following this approval, the FDA received over sixty reports of problems; while the metal hip replacements were expected to last from 15-20 years, many patients found their hip device failed in as little as two years. Many of the Stryker Rejuvenate hip devices loosened, and the components rubbed against one another, resulting in fretting and corrosion. This fretting and corrosion can lead tiny cobalt and chromium ions to shear away from the implant, lodging into surrounding tissues or entering the bloodstream.
Symptoms of Stryker Hip Metallosis and Chromium and Cobalt Poisoning
When the metal ions burrow into the hip tissue, Stryker hip metallosis can occur, causing inflammation, pain in the groin, hip and thigh, degradation of tissue and bone, loosening of the hip joint, hip failure and the necessity for revision surgery. The cobalt and chromium ions which enter the bloodstream can lead to hearing and vision impairment, neurological and cardiovascular issues, renal, thyroid and gastrointestinal disorders, anxiety, depression, irritability, vertigo, the development of pseudo-tumors, certain types of cancers, and skin rashes.
Statute of Limitations Defense by Stryker
As of January, 2014, there were 607 cases filed in the New Jersey MCL, with many more expected. Another 462 cases have been consolidated into a federal MDL in the U.S. District Court for the District of Minnesota. Stryker attempted to use the statute of limitations defense in one Stryker hip lawsuit (Cerqua v. Stryker Corp.). The judge in the case overruled Stryker’s defense, which claimed the statute began the first time the patient experienced pain in the hip area. Judge Katherine B. Forrest stated that the statute should begin only after the patient experienced worsening hip pain, and sought medical attention for that pain. The statute of limitations can be unclear in medical law, as there is significant room for interpretation.
Recent reports claim that Stryker, through Broadspire Services, is attempting to obtain releases from unrepresented patients with a Stryker Rejuvenate or ABGII recalled hip device. It is advisable not to sign any documents from Broadspire or Stryker without first contacting an experienced Stryker hip recall lawyer.